PROCEDURAL GUIDELINES IN THE EXECUTION OF VOLUNTARY
ARBITRATION AWARDS/DECISIONS
Pursuant to the mandate of the National Conciliation and
Mediation Board under Executive Order No. 126, as amended by Executive Order
No. 251, and in order to implement. Article
262-A of the Labor Code, as amended by RA -6715, the herein Procedural
Guidelines in the Execution of Voluntary Arbitration Awards/Decisions is hereby
adopted and promulgated.
TITLE AND CONSTRUCTIONS
Section 1. Title. - These Guidelines shall be known as the NCMB Procedural
Guidelines in the Execution of Voluntary Arbitration Awards/Decisions and shall apply when all efforts towards
voluntary compliance with the voluntary arbitration awards/decisions failed.
Section 2. Construction. - These Guidelines shall be liberally construed to
carry out the objectives of the Labor Code of the Philippines to promote
voluntary arbitration as a preferred mode of dispute settlement and as an
integral component of the collective bargaining process.
Section 3. Suppletory Application of Rules of Court, NLRC
Manual on Execution of Judgment and Jurisprudence. - In the absence of any
applicable provision in these Guidelines, and in order to carry out its
objectives, the pertinent provisions of the Revised Rules of Court of the
Philippines, the NLRC Manual on Execution of Judgment and prevailing
jurisprudence may, in the interest of expeditious execution of an
award/decision, and whenever practicable and convenient be applied by analogy
or in a suppletory character and effect.
Section 4. Definition of Terms. - For purposes of these Guidelines, the
following terms are defined as follows:
a) AWARD/DECISION
- as used in these Guidelines refers to
any order, resolution, award or decision of the voluntary arbitrator.
b) BOARD - refers to the National Conciliation and Mediation Board.
d) LEVY - the act of taking possession, actual or constructive, by the sheriff or duly designated officer, of sufficient property of the losing party to satisfy the decision, order or award.
e) SHERIFF
- any public officer
tasked with
the service or enforcement of
writs and processes, including
any award/decision of
the voluntary arbitrator, performing
the duties of a sheriff, and shall include NLRC Sheriffs, DOLE Regional Sheriffs, NMCB
designated sheriffs and Sheriffs of the Regular Courts.
f) THIRD PARTY CLAIM - a claim whereby a person, not a party to the case, assert. title or right to
the possession of the property levied upon.
g) WRIT
OF EXECUTION - an order directing the sheriff to enforce, implement or satisfy the awards/decisions of the voluntary
arbitrators.
RULE II
Section 1. Duties. - The sheriff serves all writs, executes all processes and
carries into effect any award/decision as defined herein.
Section 2. Responsibility and Bond. - Only bonded sheriffs may serve writs of
execution involving the taking, holding or delivering of money or property in
trust for the prevailing party. The bond
of the sheriff as required by law shall be determined by the Board conditioned, among others, for
the delivery or payment to the Government or to the persons entitled thereto of
all properties, real or personal, that may officially come into his control and
custody.
Section 3. Norm of Conduct. - The sheriff must conduct himself at all times in
an upright manner. His first and primary
duty is to implement the writ of execution and, in accomplishing the same every
reasonable effort should be exercised to achieve the purpose of the writ.
Section 1. Execution upon final
Awards/Decisions. Execution shall issue only upon a judgment or
order that finally disposes of an action or proceeding, except in specific
instances where the law provides for execution pending appeal.
Section 2. Issuance,
Form and Contents of a Writ of Execution.
- The writ of execution must issue in the name of the Republic of the
Philippines from the Office of the Voluntary Arbitrator or the Labor Arbiter
requiring the sheriff or duly designated officer to execute their award/decision;
must contain the dispositive portion of the award/decision sought to be
executed; and must require the sheriff or duly designated officer to whom it is
directed substantially as follows:
a)
If
the execution be for the payment of a sum of money by the losing party, the
writ shall be served by the sheriff
upon the losing party or in case of
death of the losing party, upon his successor-in-interest, executor or administrator before proceeding to
satisfy the award/decision out of the personal property of such party and, if
no sufficient personal property can be found, then out of his real property;
b)
If
the execution be for the reinstatement of any person to any position, office
or employment, such writ shall be
served by the sheriff upon the losing
party or in case of death of the
losing party upon
his successor-in-interest, executor or
administrator and such party or person may be punished for
contempt if he
disobeys such decision or order for reinstatement.
Section 3. Execution In Cases of Death of Party. -Where a party dies after the
finality of the award/decision, execution thereon may issue or one already
issued may be enforced in the following cases:
a)
In
case of death of the prevailing party, upon the application of his
successor-in-interest,
executor or administrator;
b) In
case of death
of the losing party, against
his successor-in-interest, executor or administrator;
c) In case
of death of the losing party
after execution is actually levied upon
any of his
property, the same may
be sold for
the satisfaction thereof. The sheriff making
the sale shall account
to his successor in
interest, executor or administrator
for any surplus in his hands.
Section 4. Issuance
of a Writ- The voluntary arbitrator may upon his initiative or motion of any interested party, issue a writ of execution on a judgment
within five with five (5) years from the date
it becomes final and executory requiring the sheriff to execute the
final decision, order or award. No motion for execution shall be entertained
nor a writ be issued unless the
Voluntary Arbitrator is in possession of the records of the case which include
an entry of judgment where the case has been appealed.
In
case of the absence or incapacity of the voluntary arbitrator, the Labor
Arbiter in the region where the movant resides may issue the writ of execution
in accordance with preceding paragraph.
b) The Secretary of Labor and Employment
may take measure under existing laws to ensure compliance of decisions, order
or awards of the voluntary arbitrator including the imposition of
administrative fines, which shall not be less than five hundred pesos (500.00)
nor than ten thousand pesos (P10,
000.00).
c) Effect of Bond- The posting of a bond
by the employer shall not stay the execution of an order for reinstatement.
Section 5. Execution by motion or by independent action. – A final and executory
judgment or order may be executed on motion within five (5) years from the date
of its entry. After the lapse of such
time, and before it is barred by the
statute of limitations, a judgment may be
enforced by motion within five (5) years from the date of its entry and
thereafter by action before it is barred by the statute of limitations.
Section 6. Control
and Supervision Over the Sheriff. – The Voluntary Arbitrator issuing the
writ shall have full control and
supervision over the sheriff assigned to enforce the same.
RULE IV
Section 1. Properties
Exempt from Execution. - Only the properties of the losing party shall be
subject of execution, except..
a) The
losing party's family home, as
provided by law or the homestead in which he resides, and land
necessarily used in connection therewith;
c)
His necessary clothing and articles for ordinary personal use, excluding
jewelry;
d)
Household
furnitures and utensils necessary for housekeeping, and used for that purpose by
the losing party and his family such as he may select, of a value not exceeding
one hundred thousand pesos;
e)
Provisions for
individual or family
use sufficient for four (4) months;
f)
The
professional libraries of
attorneys, judges,
physicians, pharmacists, dentists, engineers, surveyors, clergymen,
teachers, and other professionals, not exceeding three hundred thousand pesos;
g)
So
much of the salaries, wages, or earnings of the losing party
for his personal services
within the four months preceding the levy as are
necessary for the support of his family;
h)
All moneys, benefits, privileges or annuities accruing or, in any manner,
growing out of any life insurance;
i)
Ordinary tools and
implements personally used
by him in his trade, employment or livelihood;
j) Other
properties especially exempted by law.
Section 2. Execution of Monetary Award/Decision, How Enforced.
a)
Immediate payment on demand. - The sheriff shall enforce an execution of monetary award/
decision by demanding from the losing party the immediate payment of the full
amount stated in the writ of execution and all lawful fees. The losing party shall pay in cash, certified
bank check payable to the prevailing party,
or any other form of payment acceptable to the latter, the amount of the
monetary award/decision under proper receipt directly to the prevailing party
or his authorized representative if present at the time of payment. The lawful
fees shall be handed over under proper receipt to the executing sheriff who
shall turn over the said amount within the same day to the cashier of the
National Conciliation and Mediation Board.
If the prevailing party
or his authorized representative is not present to receive payment, the losing
party shall deliver the aforesaid payment to the executing sheriff or duly
designated officer. The latter shall
turn over all the amounts coming into his possession within the same day to the
cashier of the Board, or if the same is not practicable deposit said amounts to
a fiduciary account in the nearest government depository bank.. Payment to the
prevailing party or his duly authorized representative shall be done upon
orders of the voluntary arbitrator who issue the writ.
The
excess, if any, shall be delivered to the losing party while the lawful fees
shall be retained by the Board for disposition as provided by law. In no case shall the sheriff or the duly
designated officer demand that any payment by check be made payable to him.
b) Satisfaction by Levy.- If the losing
party cannot pay all part or part of the obligation in cash, certified bank
check or other mode of payment acceptable to the prevailing party, the sheriff
shall levy upon the properties of the losing party of every kind and nature
whatsoever which may be disposed of for value and not otherwise exempt from
execution giving the latter the option to immediately choose which property or
part thereof may be levied upon, sufficient to satisfy the monetary award/decision. If the losing party does not exercise the
option, the sheriff shall first levy on the personal properties, if any, and
then on the real properties if the personal properties, are insufficient to
answer for the monetary award/decision.
The sheriff shall sell only a
sufficient portion of the personal or real property of the losing party, which
have been levied upon.
When there is more property of the
losing party than is sufficient to satisfy the award/decision and lawful fees,
he must sell only so much of the personal or real property as is sufficient to
satisfy the monetary award/decision and lawful fees.
Real property, stocks, shares,
debts, and other personal property, or any interest in either real or personal
property, may be levied upon in like manner and with like effect as under a
writ of attachment.
c.) Garnishment
of debts and credits. - The officer may levy on debts due the losing party
and other credits, including bank deposits, financial interests, royalties,
commissions and other personal property not capable of manual delivery in the
possession or control of third parties.
Levy shall be made by serving
notice upon the
person owing such debts or having in his possession or
control such credits to which the losing party is entitled. The garnishment shall cover only such amount
as will satisfy the award/decision and all lawful fees.
The garnishee shall make a written
report to the voluntary arbitrator within five (5) days from service of the notice
of garnishment stating whether or not the losing party has sufficient funds or
credits to satisfy the amount of the award/decision. If not, the report shall state how much funds
or credits the garnishee holds for the losing party. The garnished amount in cash, or certified
bank check issued in the name of the prevailing party, shall be delivered
directly to the prevailing party within ten (10) working days from service of
notice on said garnishee requiring such delivery, except the lawful fees which
shall be paid directly to the Board.
In the event there are two or more
garnishees holding deposits or credits sufficient to satisfy the judgment, the
losing party, if available, shall have the right to indicate the garnishee or
garnishees who shall be required to deliver the amount due; otherwise, the
choice shall made by the prevailing party.
The executing sheriff shall observe the same procedure
under paragraph (a) with respect to delivery of payment to the prevailing
party.
SECTION 3. Execution
of Non-Monetary Awards/Decisions. - A non-monetary award/decision shall be
executed by the sheriff by attaching a certified copy of the award/decision to
the writ of execution and serving the same to the losing party. If the losing party disobeys the same, he may
be punished for contempt.
Section 1. Levy on Personal Property.- To constitute a valid levy on personal
property, the sheriff must take possession and control of the same in the
following manner:
a) Personal property capable
of manual delivery, by taking and safely keeping it in his capacity as sheriff
after issuing the corresponding receipt therefor;
b) Stock
or shares, or an interest in stocks or shares, of any corporation or company,
by leaving with the president or managing agent thereof, a copy of the
award/decision, and a notice stating that the stock or interest of the party
against whom the levy is issued, is levied pursuant thereto;
c) Debts and credits including bank
deposits, financial interests, royalties,
commissions and other personal property not capable of manual delivery, by
leaving with the person owing such debts, or having in his possession or under
his control, such credits or other personal property, or with his agent, a copy
of the award/decision, and notice that the debts owing by him to the party
against whom the levy is issued, and the credits and other personal property in
his possession or under his control, belonging to said party are levied in
pursuance of such award/decision;
d) The interest of the party against whom
levy is issued in property belonging to the estate of the decedent, whether as
heir, legatee or devisee, by serving the executor or administrator or other
personal representative of the decedent with a copy of the award/decision and a
notice that said interest is levied. A
copy of the said award/decision, and notice shall also be filed with the office
of the clerk of court in which said estate is being settled and served upon the
heir, legatee or devisee concerned.
If the property sought to be levied
is in custodia legis, a copy of the award/decision, and notice shall be filed
with the proper court or quasi-judicial agency and notice of levy served upon
the custodian of such property.
Section 2. Levy on Real Property. - Real property or interest therein may be
levied in the following manner:
Real
property, or growing crops thereon, or
any interest therein, standing upon the record of the register of deeds of the
province in the name of the party
against whom levy is issued, or not appearing at all upon such records, or
belonging to the party against whom levy is issued and held by any other
person, or standing on the records of the registry of deeds in the name of any
other person, by filing with the registry of deeds a copy of the
award/decision, together with a description of the property levied and a notice
that it is levied upon or that such real property and any interest therein held
by or standing in the name of such other person are levied upon, and by leaving
a copy of such award/decision, description and notice with the occupant of the
property, if there is any or with such other person or his agent if found
within the province. Where the property
has been brought under the operation of either the Land Registration Act or the
Property Registration Decree, the notice shall contain a reference to the
number of the certificate of title, the volume and page in the registration
book where the certificate is registered and the registered owner or owners
thereof.
The registrar of deeds must index
levies filed under this paragraph in the name of the prevailing party, the
losing party or the person by whom the property is held or in whose name it
stands in the records. If the levy is not
claimed on the entire area of the land covered by the certificate of title, a
description sufficiently accurate for the identification of the land or the
interest to be affected shall be included in the registration of such levy.
Section 3. Effect of Levy - The levy on execution shall create a lien in favor
of the prevailing party over the right, title or interest of the losing party
in such property at the time of the levy,
subject to liens and encumbrances then existing.
Section 4. Effect of Levy on Debts and Credits. - All persons having in their
possession or under their control any credit or other similar personal property
belonging to the party against whom levy is issued or owing any debt to the
latter, at the time service upon them a copy of the decision, order or award,
and notice, shall be liable to the prevailing party for the amount of such
credits, debts or other property, until the levy is discharged, or any judgment
recovered by him is satisfied, unless or such property is delivered or transferred,
or such debts are paid, to the sheriff or duly designated officer of the
National Conciliation and Mediation Board.
Section 1. Proceedings. - If property levied upon is claimed by any person
other than the losing party or his agent, such person shall make an affidavit
of his title thereto or right to the possession thereof, stating the grounds of
such right or title and shall file the same with the sheriff and copies thereof
served upon the Board or Voluntary Arbitrator who issued the writ and upon the
prevailing party. Upon receipt of the
third party claim, all proceedings, with respect to the execution of the
property subject of the third party claim, shall automatically be suspended and
the Voluntary Arbitrator who issued the writ shall conduct a hearing with due
notice to all parties concerned and resolve the validity of the claim within
ten (10) working days from receipt thereof.
However, should the prevailing party
put up an indemnity bond in a sum not less than the value of the property
levied, execution shall proceed. In case
of disagreement as to such value, the same shall be determined by the Voluntary
Arbitrator who issued the writ.
Section 2. Resolution of the Third Party Claim. Effect. - In the event the third
party claim is declared to be valid, the sheriff shall immediately release the
property to the third party claimant, his agent or representative and the levy
on execution shall be immediately lifted or discharged. However, should the third party claim be
found to be without factual or legal basis, the sheriff shall proceed with the
execution of the property levied upon as if no third party claim has been
filed.
Section 1. Notice of Sale. - No sale of property on execution shall proceed
without the notice of sale describing the property to be sold, its location,
the date, time and place of sale and the terms and conditions thereof.
a) In
case of perishable property, by posting written notice of the time and place of
the sale in three (3) public places, preferably in conspicuous areas of the
municipal or city hall, post office and public market in the municipality or
city where the sale is to take place, for such time as the sheriff may deem
reasonable, considering the character and condition of the property,.
b) In case of other personal property,
by posting a similar notice in the three (3) public places above-mentioned for
not less than five (5) days;
c) In case of real property, by posting
for twenty (20) days in the three (3) public places above-mentioned a similar
notice particularly describing the property and stating where the property is
to be sold, and if the assessed value of the property exceeds fifty thousand
pesos (50,000.00), by publishing a copy of the notice once a week for two (2)
consecutive weeks in one newspaper selected by raffle, whether in English,
Filipino, or any major regional language published, edited and circulated or,
in the absence thereof, having general circulation in the province or city.
d) In all cases, written notice of the
sale shall be given to the losing party, at least three (3) days before the
sale, except as provided in paragraph (a) hereof where notice shall be given at
any time before the sale.
e)
The
notice shall specify the place, date and exact time of the sale which should
not be earlier than nine o'clock in the morning and not later than two o'clock
in the afternoon. The place of the sale
may be agreed upon by the parties. In
the absence of such agreement, the sale of real property or personal property
not capable of manual delivery shall be held in the office of the voluntary
arbitrator or Labor Arbiter who issued the writ. In the case of personal property capable of
manual delivery, the sale shall be held in the place where the property is
located.
f) An
officer selling without the notice prescribed in the preceding sections shall
forfeit five thousand pesos (P5, 000. 00)
to any party injured thereby, in addition to his actual damages, both to be
recovered in a single proper action; and a person wilfully removing or defacing
the notice posted, if done before the sale shall forfeit five thousand pesos
(P5,000.00) to any person injured by reason thereof, to be recovered in any
proper action.
Section 2. No Sale If Judgment and Costs Paid. -
At any time before the sale of property on execution, the losing party may
prevent the sale by paying the amount required by the execution and the costs
that have been incurred therein.
Section 3. How Property Sold on Execution. - All
sales of property under execution shall be made at public auction, to the
highest bidder, to start at the exact time, fixed in the notice. After sufficient property has been sold to
satisfy the execution, no more shall be sold.
When the sale is of real property, consisting of several known lots,
they shall be sold separately, or when a portion of such real property is
claimed by a third person, he may require it to be sold separately. When the sale is of personal property capable
of manual delivery, it shall be sold within the view of those attending the
sale and in such parcels as are likely to bring the highest price. The losing party, if present at the sale, may
direct the order in which property, real or personal, shall be sold, when such
property consists of several known lots or parcels which can be sold to
advantage separately. Neither the sheriff or duly designated officer holding
the execution sale can become a purchaser, nor be interested directly or
indirectly in any purchase at such sale.
Section 4. Refusal of Purchaser to Pay. - If a purchaser refuses to pay the
amount bid by him for property struck off to him at a sale under execution, the
sheriff may again sell the property to the highest bidder and shall not be responsible for any loss occasioned
thereby; but the Voluntary Arbitrator
who issued the writ of execution may order the refusing purchaser to pay into
the Board the amount of such loss, with costs, and may punish him for contempt
if he disobeys the order. The amount of
such payment shall be for the benefit of the person entitled to the proceeds of
the execution, unless the execution has been fully satisfied, in which event,
such proceeds shall be for the benefit of the losing party. When a purchaser refuses to pay, the sheriff
may thereafter reject any subsequent bid of such person.
Section 5. Prevailing Party as Purchaser. - When
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 monetary award/decision. If it
does, he shall pay only the excess.
Section 6. Adjournment of Sale. - By written
consent of the prevailing party and losing party or their duly authorized
representatives, the sheriff may adjourn any sale on execution to any date and time
agreed upon in writing by the parties.
Without such agreement, he may adjourn the sale from day to day, if it
becomes necessary to do so for lack of time to complete the sale on the day
fixed in the notice or the day to which it was adjourned.
Section 7. Conveyance to Purchaser of Personal
Property Capable of Manual Delivery.
- When the purchaser of any personal property, capable of manual delivery pays
the purchase price, the sheriff making the sale shall deliver the property to
the purchaser and if desired, execute and deliver to him a certificate of
sale. The sale conveys to the purchaser all the rights which the losing
party has in such property on the day of its levy.
Section 8. Conveyance to Purchaser of Personal
Property Not Capable of Manual Delivery. - When the Purchaser of any
personal property not capable of manual delivery pays the purchase price, the
sheriff making the sale shall execute and deliver to the purchaser a
certificate of sale. Such certificate conveys
to the purchaser all the rights which the losing party had in such property on
the day of its levy.
Section 9. Conveyance of Real Property Certificate Thereof Given to Purchaser and
Filed With the Registry of Deeds. - Upon a sale of real property, the
sheriff shall give to the purchaser a certificate of sale containing:
a) A
particular description of the real property sold:
b) The
price paid for each distinct lot or parcel;
c) The
whole price paid by him.
d) A
statement that the
right of redemption expires one
(1) year
from the date of the registration of the certificate of sale.
A duplicate of such certificate
shall be filed by the sheriff with the office of the Registry of Deeds of the
province or city where the property is located.
Section 11. Redemption
of Real Property Sold: Who May
Redeem. - Real Property sold as provided in the last preceding section or
any part thereof sold separately, may be redeemed in the manner hereinafter
provided, by the following parties/persons:
a) The
losing party, or his successor-in-interest in the whole or any part of the
property,
b) A
creditor having lien by virtue of an attachment, judgment or mortgage on the
property sold, or on some part thereof, subsequent to the lien under which the
property was sold. Such redeeming
creditor is termed redemptioner.
Section 12. Time
and Manner of, and Amounts Payable on, Successive Redemptions. Notice
To Be Given and Filed. - The losing party, or redemptioner, may redeem the
property from the purchaser, at any time
within one (1) year from the date of the registration of the certificate of
sale, by paying the purchaser the
amount of this purchase, with one per centum per month interest thereon, in
addition, up to the time of redemption, together with the amount of any
assessments or taxes which the purchaser may have paid thereon after purchase,
and interest on such last named amount at the same rate; and if the purchaser be
also a creditor having prior lien that redemptioner, other than
award/decision under which such purchase was made, the amount of such other
lien, with interest.
Property so redeemed may again be redeemed
within sixty (60) days after the last redemption upon payment of the sum paid
on the last redemption, with two per centum thereon in addition, and the amount
of any assessments or taxes which the last redemptioner may have paid thereon
after redemption by him, with interest on such last-named amount, and in
addition, the amount of any liens held by said last redemptioner prior to his
own, with interest. The property may be
again, and as often as a redemptioner is so disposed, redeemed from any previous
redemptioner within sixty (60) days after the last redemption, on paying the
sum paid on the last previous redemption, with two per centum thereon in
addition, and the amounts of any assessments or taxes which the last previous
redemptioner paid after the redemption thereon, with interest thereon, and the
amount of any liens held by last redemptioner prior to his own, with interest.
Written notice on any redemption
must be given to the sheriff who made the sale and a duplicate filed with the
registry of deeds of the province or city, and if any assessments or taxes are
paid by the redemptioner or if he has or acquires any lien other than that upon
which the redemption was made, notice thereof must in like manner be given to
the sheriff and filed with the registry of deeds; if such notice be not filed,
the property may be redeemed without paying such assessments, taxes or liens.
Section 13. Effect of Redemption by Losing Party, and a Certificate to be Delivered
and Recorded Thereupon; To whom Payments on Redemption Made. - If the
losing party redeems, he shall make the same payments as are required to effect
a redemption by a redemptioner, whereupon no further redemption shall be
allowed and he is restored to his estate. The person to whom the redemption
payment is made shall execute and deliver to him a certificate of redemption
acknowledged or approved before a notary public or other officer authorized to
take acknowledgements of conveyances of real property. Such certificate must be filed and recorded
in the office of the registry of deeds of the province or city in which the
property is situated and the registrar of deeds must note the record thereof on
the margin of the record of the certificate of sale. The payments mentioned in
this and the last preceding sections may be made to the purchaser or
redemptioner, or for him to the sheriff or duly designated officer who made the
sale.
Section 14. Proof Required of Redemptioner.
- A redemptioner shall produce to the sheriff, or person from whom he seeks to
redeem, and serve with his notice to the sheriff
a) A
copy of the decision/award under which he claims the right to redeem, certified
by the proper officer wherein the decision/award is docketed; or, if he redeems
upon a mortgage other liens, a memorandum of the record thereof, certified by
the registrar of deeds;
b) An original or certified copy of any
assignment necessary to establish his claim;
c) An
affidavit by himself or his agent showing the amount then actually due on the
lien.
Section 15. Deed
and Possession to be Given at Expiration of Redemption Period; By
Whom Executed or Given. If no
redemption be made within one (1) year from the date of the registration of the
certificate of sale, the purchaser,
or his assignee, is entitled to a conveyance and possession of the property,.
or if so redeemed whenever sixty (60) days have elapsed and no other redemption
has been made, and notice thereof given, and the time of redemption has
expired, the last redemptioner, or his assignee, is entitled to the conveyance
and possession; but in all cases, the losing party shall have the entire period
of one (1) year from the date of the
registration of the sale to redeem the property. The deed shall be executed by the sheriff
making the sale or by his successor in office, and in the latter case, shall
have the same validity as though the sheriff making the sale had continued in
office and executed it.
Upon the expiration of the right of
redemption, the purchaser, or redemptioner, or his assignee, shall be substituted
to and acquire all the rights, title, interests and claim of the losing party
to the property as of the time of the levy.
The possession of the property shall be given to the purchaser or last
redemptioner by the same sheriff unless a third party is actually holding the
property adversely to the losing party.
Section 16. Recovery
of Price If Sale Not Effective; Revival of judgment. - If the purchaser of
real property sold on execution, or his successor in interest fails to recover
the possession thereof, or is evicted therefrom in consequence of
irregularities in the proceedings concerning the sale, or because the property
sold was exempt from execution, or because a third party has vindicated his
claim to the property, he may, on motion in the same action or in a separate action recover from the
prevailing party the price paid, with interest, or so much thereof
as has not been delivered to the
losing party,. or he may, on motion after notice, have the original judgment revived
in his name for the whole price with interest, or so much thereof as has been
delivered to the losing party. The judgment so revived shall have the same
force and effect as an original judgment would have as of the date of the
revival and no more.
RULE VIII
SHERIFF'S RETURN
Section 1. Return
of writ of execution. - The writ of execution shall be returnable to the
voluntary arbitrator issuing it immediately after the award/decision has been
satisfied in part or in full. If the
award/decision cannot be satisfied in full within thirty (30) days after his
receipt of the writ, the officer shall report to the voluntary arbitrator and
state the reason therefor. Such writ
shall continue in effect during the period within which the judgment maybe
enforced by motion. The officer shall make a report to the
voluntary arbitrator every thirty (30) calendar days on the proceedings taken
thereon until the award/decision is satisfied in full, or its effectivity
expires. The returns or periodic reports shall set forth the whole of the
proceedings taken, and shall be filed with the voluntary arbitrator and copies
thereof promptly furnished the parties.
Failure to make the return within the stated period shall subject the
sheriff to a fine of not less than P 500.00 or suspension for fifteen (15) days
without pay or both.
Section 2. Break
Open Order; When Issued. - Should
the losing party, his agent or representative refuse or prohibit the sheriff or
his authorized representative entry to the place where the property subject of
execution is located or kept, the prevailing party may apply to the voluntary
arbitrator concerned for a break-open order which the latter may issue after
due notice and hearing.
Section 1. Hours and Days When Writ Shall Be Served. - Writ of Execution shall
be served at any day, except Saturdays, Sundays, and holidays, between the
hours of eight in the morning and five in the afternoon. If, by the nature of the losing party's
business, it requires the implementation of the same beyond the period provided
therein, a written authorization must be secured by the sheriff or duly
designated officer from the voluntary arbitrator who issued the writ.
Section 2. Sheriff's Report. - The Sheriff enforcing the writ of execution
shall make a regular monthly status report on its implementation to the
voluntary arbitrator who issued the same.
Standards forms shall be made available to the sheriff in compliance
with this provision.
Section 3. Assignment of Writ of Execution. - Regional Director concerned
shall be responsible in assigning writs of execution to the sheriffs/s.
Section 4. Storing of Levied Property. - To avoid pilferage of or damage to
the levied property, the same shall be
inventoried and stored in a bonded warehouse, wherever available, or in a
secured place as may be determined by the sheriff with notice to and conformity
of the losing party or third party claimant. In case of disagreement, the same
shall be referred to the Voluntary Arbitrator who issued the writ for proper
disposition. For this purpose, the sheriffs shall inform the voluntary
arbitrator concerned of the corresponding storage fees, furnishing him as well
as the parties with a copy of the inventory by the losing party.
Section 5. Referral of Question Relative to Writ Enforcement. Questions
relative to writ enforcement shall be referred to the voluntary arbitrator who
issued the writ for resolution.
Section 6. Sheriffs/Execution Fees. - Sheriffs or duly
designated officers shall be provided at the beginning of the month with a cash
advance not exceeding five hundred pesos (P500.00) for transportation expenses
which shall be liquidated at the end of the month with a statement of expenses
and itinerary of travel duly approved by the voluntary arbitrator issuing the
writ.
Section
6. Execution
of Judgment in Certain Areas. - Whenever practicable, in areas where there
are no regional or district office, execution of judgment may be delegated by
the voluntary arbitrator concerned to the sheriffs of the city or province
where the property of the losing party sought to be levied/garnished is
located. The sheriff shall make his
return to the voluntary arbitrator concerned within thirty (30) days from
receipt thereof
Section 7. Sheriff's Identification.- In the performance of their duties,
sheriffs or duly designated officers shall be in uniform as prescribed by the
Board and should carry at all times their identification cards, as well as the
necessary papers or documents respecting their authority.
Section 1. Effectivity. - These guidelines shall take effect fifteen (15) days
after its publication in two (2) newspapers in general circulation.
Manila, Philippines, June 1, 2001.
ROLANDO RICO C. OLALIA
Chairman
BENEDICTO ERNESTO R. BITONIO, JR.
Member, Government Sector
Member, Labor Sector
EDGAR C. RECIÑA
Member, Labor Sector
Member, Employer Sector
Member, Employer sector
A P P R 0 V E D BY:
PATRICIA A . STO. TOMAS
Secretary