The provision requires that there be a hearing

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Unformatted text preview: e
 an
 injunction
 or
 TRO
 against
 the
 execution
 ordered
by
a
labor
arbiter
or
the
NLRC
 The
 GR
 that
 no
 court
 has
 the
 power
 to
 interfere
 by
 injunction
with
the
judgments
or
decrees
of
another
 court
 with
 concurrent
 or
 coordinate
 jurisdiction
 possessing
 equal
 power
 to
 grant
 injunctive
 relief
 applies
 ONLY
 when
 no
 third­party
 claimant
 is
 involved.
 When
 a
 third­party,
 or
 a
 stranger
 to
 the
 action,
asserts
a
claim
over
the
property
levied
upon,
 the
 claimant
 may
 vindicate
 his
 claim
 by
 an
 independent
 action
 in
 the
 proper
 civil
 court
 which
 may
stop
the
execution
of
the
judgment
on
property
 not
belonging
to
the
judgment
debtor
 A
person
other
than
the
judgment
debtor
who
claims
 ownership
 or
 right
 over
 the
 levied
 properties
 is
 not
 precluded,
 however,
 from
 taking
 other
 legal
 remedies
 Third
Party
claim
 • • Lalay
Abala.
ALS2014B.
Labor
II.
 A
 third
 party
 claim
 shall
 be
 filed
 within
 5
 days
 from
 the
 last
day
of
posting
or
publication
of
the
notice
of
execution
 sale;
otherwise
the
claim
shall
be
forever
barred.
 o The
third
party
claimant
shall
execute
an
affidavit
stating
 his
title
to
the
property
or
right
to
possession
thereof
with
 supporting
 evidence,
 and
 shall
 file
 the
 same
 with
 the
 Sheriff
 and
 the
 Commission
 or
 Labor
 Arbiter
 who
 issued
 the
writ
of
execution.
 o Upon
receipt
of
the
third
party
claim,
all
proceedings,
with
 respect
 to
 the
 execution
 of
 the
 property
 subject
 of
 such
 claim,
shall
automatically
be
suspended.
 o The
 Labor
 Arbiter
 who
 issued
 the
 writ
 may
 require
 the
 third
 party
 claimant
 to
 adduce
 additional
 evidence
 in
 support
 of
 his
 third
 party
 claim
 and
 to
 post
 a
 cash
 or
 surety
 bond
 equivalent
 to
 the
 amount
 of
 his
 claim,
 as
 provided
 for
 in
 Section
 6
 of
 Rule
 VI,
 without
 prejudice
 to
 the
posting
by
the
prevailing
party
of
a
supersedeas
bond
 in
an
amount
equivalent
to
that
posted
by
the
third
party
 claimant.
 o The
Labor
Arbiter
shall
resolve
the
propriety
of
such
third
 party
 claim
 within
 10
 working
 days
 from
 submission
 of
 said
claim
for
resolution
 Simulated
sale,
void
ab
initio
 o Tanongon
v.
Samson
 4
 employees
 won
 in
 their
 illegal
 dismissal
 case.
 Labor
 arbiter
 issued
 writ
 of
 execution.
 Sheriff
 levied
 uon
 tanker
 purportedly
 belonging
 to
 the
 employer.
 Tanongon
 filed
 a
 third‐party
 claim,
 alleging
 ownership
 of
 the
 tanker
 because
 it
 had
 been
sold
to
her
 Execution
can
proceed.
 Act
of
employer
was
a
way
to
evade
payment
of
the
 debt.
 The
 contract
 was
 simulated
 or
 fictitious
 and
 thus,
void
ab
initio.

 A
 third­party
 claim
 on
 a
 levied
 property
 does
 not
 automatically
 prevent
 the
 execution.
 When
 a
 third­ party
 claim
 is
 filed,
 the
 sheriff
 is
 not
 bound
 to
 proceed
 with
 the
 levy
 unless
 the
 judgment
 creditor
 posts
an
indemnity
bond.
Where
the
bond
is
filed,
the
 remedy
 of
 the
 third­party
 is
 to
 file
 an
 independent
 reivindicatory
 action
 against
 the
 judgment
 creditor
 or
 the
 purchaser
 of
 the
 property
 at
 public
 auction.
 NLRC
should
not
have
automatically
lifted
the
levy
 and
restrained
execution
just
because
a
third‐party
 claim
has
been
filed.
 o • 
 Article
225.
Contempt
powers
of
the
secretary
of
labor.
 30
 
 Complaint
 may
 be
 filed
 by
 a
 party‐in‐interest
 who
 is
 not
 necessarily
a
union
or
union
member
 If
 conflict
 involves
 an
 independent
 union,
 a
 chartered
 local,
 or
 a
 worker’s
association,
complaint
shall
be
filed
with
the
DOLE
Regional
 Office
 DO
No.
40­03
 o Covers
the
entire
subject
of
labor
relations,
except
NLRC
 o Introduced
 new
 concepts
 such
 as
 union
 merger
 or
 consolidation
and
multi‐employer
bargaining
 o Specific
objectives
of
the
Order:
 To
 simplify
 the
 formation
 and
 registration
 of
 unions,
especially
chartered
locals
 To
simplify
and
expedite
the
holding
of
certification
 elections
 To
 promote
 responsible
 unionism,
 particularly
 in
 administration
of
funds
 To
 authorize
 union
 merger,
 consolidation
 and
 change
of
name
 To
authorize
deregistration
of
CBAs
 Effect
of
pendency
 o 
The
 rights,
 relationships...
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