Theworkersgenerallydonotget to choose their superiors

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Unformatted text preview: demand,
 execute
 the
 monetary
 judgment
 by
 levying
 on
 the
 property,
personal
and
real,
of
the
losing
party
not
exempt
 from
 execution,
 sufficient
 to
 cover
 the
 judgment
 award,
 which
may
be
disposed
of
for
value
at
a
public
auction
to
 the
highest
bidder.
 o Proceeds
 of
execution
shall
be
deposited
with
the
Cashier
 of
the
concerned
Division
or
Regional
Arbitration
Branch,
 or
with
an
authorized
depositary
bank.
Where
payment
is
 made
in
the
form
of
a
check,
the
same
shall
be
payable
to
 the
Commission.
 Enforcement
of
writ
of
execution
 o In
executing
a
decision,
resolution
or
order,
the
Sheriff,
or
 other
 authorized
 officer
 acting
 as
 Sheriff
 of
 the
 Commission,
shall
be
guided
strictly
by
these
Rules,
and
by
 28
 3. the
 Manual
 on
 Execution
 of
 Judgment,
 which
 shall
 form
 part
of
these
Rules.
 o In
 the
 absence
 of
 applicable
 rules,
 the
 Rules
 of
 Court,
 as
 amended,
shall
be
applied
in
a
suppletory
manner.
 • Execution
by
motion
or
by
independent
action
 o A
 decision
 or
 order
 may
 be
 executed
 on
 motion
 within
 5
 years
from
the
date
it
becomes
final
and
executory.
 o After
the
lapse
of
such
period,
the
judgment
shall
become
 dormant,
 and
 may
 only
 be
 enforced
 by
 an
 independent
 action
within
a
period
of
10
years
from
date
of
its
finality.
 • Effect
of
petition
for
certiorari
on
execution
 o Such
 petition
 with
 the
 CA
 or
 SC
 shall
 NOT
 stay
 the
 execution
 of
 the
 assailed
 decision
 UNLESS
 a
 restraining
 order
is
issued
by
said
courts
 • Resolution
of
motion
to
quash
 o Mere
filing
of
a
motion
to
quash
shall
NOT
stay
execution
 proceedings.
 o Motion
 to
 quash
 shall
 be
 resolved
 by
 the
 Labor
 Arbiter
 within
 10
 working
 days
 from
 submission
 of
 said
 motion
 for
resolution
 Appeal
on
the
execution
of
decision;
supervening
events
 • GR:
 once
 judgment
 becomes
 final
 and
 executory,
 it
 can
 no
 longer
 be
 disturbed,
altered
or
modified
 • Exceptions:
 o As
 in
 cases
 where,
 because
 of
 supervening
 events,
 it
 becomes
 imperative,
 in
 the
 highest
 interest
 of
 justice,
 to
 direct
its
modification
 • Although
 decision
 of
 the
 Labor
 Arbiter
 has
 become
 final,
 the
 correctness
 of
 the
 execution
 of
 the
 decision
 may
 be
 appealed
 to
 and
 reviewed
by
the
NLRC
 • Abbot
v.
NLRC
 o Finality
of
judgment
becomes
a
fact
upon
the
lapse
of
the
 reglementary
period
of
appeal
if
no
appeal
is
perfected.
In
 such
situation
the
prevailing
part
is
entitled
as
a
matter
of
 right
 to
 a
 writ
 of
 execution,
 and
 issuance
 thereof
 is
 a
 ministerial
duty,
compellable
by
mandamus
 o In
 this
 case,
 what
 is
 sought
 to
 be
 reviewed
 is
 not
 the
 decision
but
the
manner
of
its
execution
 o While
it
is
true
that
the
decision
itself
ahs
become
final
and
 executory
 and
 so
 can
 no
 longer
 be
 challenged,
 there
 is
 no
 question
 either
 that
 it
 must
 be
 enforced
 and
 so
 can
 no
 longer
be
challenged,
there
is
no
question
either
that
it
must
 be
 enforced
 in
 accordance
 with
 its
 terms
 and
 conditions.
 Any
 deviation
 therefrom
 can
 e
 the
 subject
 of
 a
 proper
 appeal
 o In
 this
case
 
labor
arbiter,
in
recomputing
award
in
the
 original
decision
raised
it
from
98,883.80
to
1,372,451.55
 o Ruling:
NLRC
has
authority
to
look
into
the
correctness
of
 the
 execution
 of
 the
 decision
 and
 to
 consider
 the
 supervening
 events
 that
 may
 affect
 such
 execution,
 like
 the
 Lalay
Abala.
ALS2014B.
Labor
II.
 4. possible
off­set
of
the
petitioners’
advances
or
debts
against
 their
total
claim,
their
discontinuance
from
employment
by
 abandonment
 or
 resignation,
 and
 other
 relevant
 developments
 • Pacific
Mills,
Inc
v.
NLRC

 o An
 initial
 case
 with
 the
 same
 parties
 had
 already
 been
 dismissed
 by
 the
 SC
 and
 the
 entry
 of
 judgment
 having
 been
 effected.
...
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