The point to be stressed is that the unions cbl is

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Unformatted text preview: NLRC
 computed
 the
 award
 and
 issued
 partial
writ
of
execution
 o Pacific
 Mills
 filed
 a
 motion
 to
 stay
 execution/reconsideration
 citing
 supervening
 events
 that
 affected
 the
 computation
 of
 the
 award
 such
 as
 non‐ consideration
of
the
length
of
service
of
each
complainant,
 non‐consideration
 of
 wage
 exemptions,
 inclusion
 of
 payment
 of
 awards
 to
 a
 complainant
 who
 had
 been
 recalled
to
active
duty,
etc
 o NLRC
did
not
stay
execution
 o No
 question
 that
 the
 supervening
 events
 would
 certainly
 affect
 the
 computation
 of
 the
 award
 in
 the
 decision
 of
 the
 NLRC.
 It
 is
 the
 duty
 of
 the
 NLRC
 to
 consider
 the
 same
 and
 inquire
 into
 the
 correctness
 of
 the
 execution,
 as
 such
 supervening
events
may
affect
such
execution
 General
rule:
RTC
cannot
issue
injunction
against
NLRC
 • Regular
court
HAS
NO
jurisdiction
to
hear
and
decide
questions
which
 arise
 and
 are
 incidental
 to
 the
 enforcement
 of
 decisions,
 orders
 or
 awards
rendered
in
labor
cases
 by
appropriate
officers
and
tribunals
 of
the
DOLE
 • Corollarily,
any
controversy
in
the
execution
of
the
judgment
shall
be
 referred
to
the
tribunal
which
issued
the
writ
of
execution
since
it
has
 the
inherent
power
to
control
its
own
processes
in
order
to
enforce
its
 judgments
and
orders
 • While
an
action
for
damages
is
within
the
jurisdiction
of
a
RTC,
it
HAS
 NO
jurisdiction
to
issue
a
TRO
in
labor
cases
 • Execution
 over
 property
 owned
 only
 by
 judgment
 debtor;
 remedies
of
third
party
claimant;
the
Yupangco
case
 o Jurisprudence:
power
of
the
Court
or
the
NLRC
to
execute
 its
 judgment
 extends
 only
 to
 properties
 unquestionably
 belonging
 to
 the
 judgment
 debtor.
 Therefore
 if
 the
 property
 under
 levy
 does
 not
 belong
 to
 the
 judgment
 debtor
in
the
NLRC
case,
it
couldn’t
be
levied
upon
by
the
 sheriff.
 Even
 upon
 a
 mere
 prima
 facie
 showing
 of
 ownership
 by
 the
 third‐party
 claimant,
 if
 the
 third‐party
 claim
 does
 not
 arise
 involve
 nor
 grows
 out
 of,
 a
 labor
 dispute,
a
separate
action
for
injunctive
relief
against
such
 levy
may
be
maintained
in
court
 o Revised
 Rules
 of
 NLRC/Sheriff’s
 manual:
 when
 a
 third
 party
claims
the
property
subject
of
the
execution
and
files
 an
 affidavit,
 the
 labor
 arbiter
 shall
 conduct
 a
 hearing
 and
 resolve
the
validity
of
the
claim
 29
 This
 rule
 prescribes
 only
 the
 procedure
 to
 be
 followed
 by
 the
 sheriff
 (or
 the
 arbiter
 or
 officer
 of
 the
 Commission)
 if
 the
 levied
 property
 is
 claimed
 by
any
other
party
 It
applies
only
to
the
sheriff
and
such
other
officers;
 and
only
when
the
third‐party
claimant
chooses
to
 file
 his
 claim
 with
 the
 labor
 arbiter
 or
 the
 NLRC
 (does
not
limit
the
procedure
to
be
followed
by
the
 third‐party
claimant)
 o Yupangco
Cotton
Mills,
Inc
v.
CA
 A
 third­party
 whose
 property
 has
 been
 levied
 upon
 by
a
sheriff
to
enforce
a
decision
against
a
judgment
 debtor
 is
 afforded
 with
 several
 alternative
 remedies
 to
 protect
 its
 interests.
 He
 may
 avail
 himself
 of
 alternative
 remedies
 cumulatively,
 and
 one
 will
 not
 preclude
the
third­party
from
availing
himself
of
the
 other
 alternative
 remedies
 in
 the
 event
 he
 failed
 in
 the
remedy
first
availed
of
 Third­party
 may
 avail
 himself
 of
 the
 following
 alternative
remedies:
 File
 a
 third­party
 claim
 with
 the
 sheriff
 or
 the
labor
arbiter
 If
the
third­party
claim
is
denied,
the
third
 party
may
appeal
the
denial
to
the
NLRC
 File
 a
 proper
 action
 with
 a
 competent
 court
to
recover
ownership
of
the
property
 illegally
seized
by
the
sheriff
(§16,
Rule
39,
 Rules
of
Court)
 RTC
injunction
against
labor
arbiter
or
NLRC,
when
allowed
 o Yupangco
Cotton
Mills
Inc.
v.
CA
 RTC
 where
 the
 reinvindicatory
 action
 is
 filed
 can
 issu...
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