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Unformatted text preview: l,
procedure
 o Article
 224
 refers
 to
 the
 execution
 of
 “final
 decisions,
 orders
 or
 awards”
 and
 requires
 the
 sheriff
 or
 a
 duly
 deputized
officer
to
furnish
both
parties
and
their
counsel
 with
copies
of
the
decision
or
award
 o Period
or
manner
of

“appeal”
from
the
NLRC
to
the
CA
is
 governed
by
Rule
65
of
the
Rules
of
Court
 Execution
upon
finality
of
decision
or
order
 • A
writ
of
execution
may
be
issued
motu
proprio
or
on
motion,
upon
a
 decision
 or
 order
 that
 finally
 disposes
 of
 the
 action
 or
 proceedings
 after
the
parties
and
their
counsels
or
authorized
representatives
are
 furnished
 with
 copies
 of
 the
 decision
 or
 order
 in
 accordance
 with
 these
Rules,
but
only
after
the
expiration
of
the
period
to
appeal
if
no
 appeal
 has
 been
 filed,
 as
 shown
 by
 the
 certificate
 of
 finality.
 If
 an
 appeal
has
been
filed,
a
writ
of
execution
may
be
issued
when
there
is
 an
entry
of
judgment
as
provided
for
in
Section
14
of
Rule
VII.
 • No
 motion
 for
 execution
 shall
 be
 entertained
 nor
 a
 writ
 of
 execution
 be
issued
unless
the
Labor
Arbiter
or
the
Commission
is
in
possession
 of
the
records
of
the
case
which
shall
include
an
entry
of
judgment
if
 the
 case
 was
 appealed;
 except
 that,
 as
 provided
 for
 in
 Section
 14
 of
 Rule
 V
 and
 Section
 6
 of
 this
 Rule,
 and
 in
 those
 cases
 where
 partial
 execution
 is
 allowed
 by
 law,
 the
 Labor
 Arbiter
 shall
 retain
 duplicate
 original
copies
of
the
decision
to
be
implemented
and
proof
of
service
 thereof
for
the
purpose
of
immediate
enforcement.
 • Pre­execution
conference
 o Within
 2
 working
 days
 from
 receipt
 of
 a
 motion
 for
 the
 issuance
 of
 a
 writ
 of
 execution,
 and
 subject
 to
 Section
 1,
 paragraph
 (b)
 of
 this
 Rule,
 the
 Labor
 Arbiter
 shall
 schedule
 a
 pre‐execution
 conference
 or
 hearing
 to
 thresh
 Lalay
Abala.
ALS2014B.
Labor
II.
 • • • • out
 matters
 relevant
 to
 execution,
 including
 the
 computation
of
the
award.
 Form
and
contents
of
a
writ
of
execution
 o Issued
in
the
name
of
the
Republic
of
the
Philippines
 o Signed
by
the
Commission
or
Labor
Arbiter
 o Requiring
 the
 Sheriff
 to
 execute
 the
 decision,
 order,
 or
 award
of
the
Commission
or
Labor
Arbiter,
and

 o Must
 contain
 the
 dispositive
 portion
 thereof,
 the
 amount,
 if
any,
to
be
demanded,
and
all
lawful
fees
to
be
collected
 from
the
losing
party
or
any
other
person
required
by
law
 to
obey
the
same
 Computation
during
execution
 o Where
 further
 computation
 of
 the
 award
 in
 the
 decision,
 resolution
 or
 order
 is
 necessary
 during
 the
 course
 of
 the
 execution
proceedings,
no
writ
of
execution
shall
be
issued
 until
 after
 the
 computation
 has
 been
 approved
 by
 the
 Labor
 Arbiter
 in
 an
 order
 issued
 after
 the
 parties
 have
 been
duly
notified
and
heard
on
the
matter.
 Execution
of
monetary
judgment
 o Immediate
payment
on
demand.
‐
The
Sheriff
shall
enforce
 a
 monetary
 judgment
 by
 demanding
 the
 immediate
 payment
of
the
full
amount
stated
in
the
writ
of
execution
 and
 all
 lawful
 fees
 from
 the
 losing
 party
 or
 any
 other
 person
required
by
law
to
obey
the
same.
 o In
the
event
of
failure
or
refusal
of
the
losing
party
to
pay
 the
judgment
award,
the
Sheriff
shall
immediately
proceed
 against
 the
 cash
 deposit
 or
 surety
 bond
 posted
 by
 the
 losing
party,
if
any;
 o If
the
bonding
company
refuses
to
comply
with
the
writ
of
 execution,
 then
 its
 president
 and
 officers
 or
 authorized
 representatives
 shall
 be
 cited
 for
 contempt,
 and
 the
 bonding
 company
 shall
 be
 barred
 from
 transacting
 business
with
the
Commission;
 o 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
 5
 days
 from...
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This document was uploaded on 03/11/2014.

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