Pursuant to the provisions of Art. 218(a) of the Labor Code, as amended, in relation to Section 4, Rule of the New Rules of the National Labor Relations Commission, the following NLRC Manual on Execution of Judgment is hereby adopted and promulgated:

RULE 1

TITLE OF CONSTRUCTION

SECTION 1.      Title of the Manual — This Manual shall be known as the NLRC Manual on Execution of Judgment (Sheriff Manual), hereafter referred to simply as the Manual. cdasia

SECTION 2.      Construction. — This Manual shall be construed in a manner that shall attain a just, expeditious and inexpensive execution of a judgment as defined herein.

SECTION 3.      Suppletory application of Rules of Court and jurisprudence. — In the absence of any application provision in this Manual, and in order to carry out its objectives, the pertinent provisions of the Revised Rules of Court of the Philippines and prevailing jurisprudence may, in the interest of expeditious execution of a judgment, and whenever practicable and convenient, be applied by analogy or in a suppletory character and effect.

SECTION 4.      Definition of Terms. — For purpose of this Manual, the following terms are defined as follows:

a)         SHERIFF — any public officer tasked with the service or enforcement of writs and processes, including any judgment as defined herein, performing the duties of a sheriff, and shall include one who has been designated as "special sheriff" in accordance with law;

b)         WRIT OF EXECUTION — an Order directing the sheriff to enforce, implement or satisfy the final decisions, orders or awards of the National Labor Relations Commission or any of its Labor Arbiters. The writ of execution is valid only for a period of thirty (30) days from receipt thereof by the sheriff or duly designated officer.

c)         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.

d)         GARNISHMENT — the levy of money, goods or chattels and/or an interest thereon, belonging or owing to a losing party in the possession or control of a third party.

e)         JUDGMENT — as used in this Manual, any order, resolution, award or decision of the National Labor Relations Commission or any of its Labor Arbiters.

f)          THIRD PARTY CLAIM — a claim whereby a person, not a party to the case, asserts title or right to the possession of the property levied upon.

RULE II

THE SHERIFF

SECTION 1.      Duties. — The sheriff serves all writs, executes all processes and carries into effect any judgment 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 Commission conditioned, among others, for the delivery or payment to the Government or the persons entitled thereto, of all property or sum of money that may officially come into his control and custody.

SECTION 3.      Norm of Conduct. — The sheriff of the Commission 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.

RULE III

THE WRIT OF EXECUTION

SECTION 1.      Execution Upon Final Judgment or Order. — 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 National Labor Relations Commission or any of its Labor Arbiters, the Philippine Overseas Employment Administration and the Supreme Court in proper cases, requiring the sheriff or proper officer to execute the decisions, orders or awards of the National Labor Relations Commission or any of its Labor Arbiters, the Philippine Overseas Employment Administration and the Supreme Court in proper cases, and must contain the dispositive portion of the decisions, orders or awards sought to be executed and must require the sheriff or other proper officer to whom it is directed substantially as follows:

(1)        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 upon any other person required by law to obey the same before proceeding to satisfy the judgment out of the personal property of such party and if no sufficient personal property can be found, then out of his real property;

(2)        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 upon any other person required by law to obey the same, and such party or person may be punished for contempt if he disobeys such decisions, order for reinstatement.

SECTION 3.      Execution in Case of Death of Party. — Where a party dies after the finality of the decision/entry of judgment or order, execution thereon may issue or one already issued maybe 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, and 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. — Execution shall issue upon an order, resolution or decision that finally disposes of the actions or proceedings and the counsel of record and the parties have been duly furnished with the copies of the same in accordance with the NLRC Rules of Procedure, provided:

a)         The Commission or Labor Arbiter shall, motu propio or upon motion or any interested party, issue a writ of execution on a judgment only within five (5) years from the date it becomes final and executory, so requiring the sheriff or a duly deputized officer to execute the same. No motion for execution shall be entertained nor a writ be issued unless the Commission or Labor Arbiter is in possession of the records of the case which shall include an entry of judgment where the case has been appealed.

b)         The Secretary of Labor and Employment and the Chairman of the Commission may designate special sheriffs and take any measure under existing laws to endure compliance of their decisions, orders or awards and those of the Labor Arbiters, including the imposition of administrative fines, which shall not be less than five hundred pesos (P500.00) nor more than ten thousand pesos (P10,000.00).

c)         The Secretary of Labor and Employment, the Commission, any Labor Arbiter, in appropriate cases, may deputize the Philippine National Police or any law-enforcement agencies in the enforcement of final awards, orders or decisions.

d)         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 Independent Action. — A judgment, after the lapse of five (5) years from the date it becomes final and executory and before it is barred by prescription, may only be enforced by action.

SECTION 6.      Control and Supervision Over the Sheriff. —The Chairman, Commission or Labor Arbiter issuing the writ shall have full control and supervision over the sheriff assigned to enforce

the same.

RULE IV

EXECUTION

SECTION 1.      Properties Subject to Execution. — Only the properties of the losing party shall be the subject of execution, except:

(1)        The losing party's family home constituted in accordance with the Civil Code or Family Code, or as may be provided for by law or in the absence thereof, the homestead in which he resides, and land necessarily used in connection therewith, subject to the limits fixed by law; cd

(2)        His necessary clothing, and that of his family;

(3)        Household furniture and utensils necessary for housekeeping, and used for that purpose by the losing party such as he may select, of a value not exceeding the amount fixed by law;

(4)        Provisions for individual or family use sufficient for three (3) months;

(5)        The professional libraries of attorneys, judges, physicians, pharmacists, dentists, engineers, surveyors, clergymen, teachers, and other professionals, not exceeding the amount fixed by law;

(6)        So much of the earnings of the losing party for his personal services within the month preceding the levy as are necessary for the support of his family;

(7)        All monies, benefits, privileges, or annuities accruing or in any manner growing out of any life insurance;

(8)        Tools and instruments necessarily used by him in his trade or employment of a value not exceeding Three Thousand (P3,000.00) Pesos;

(9)        Other properties especially exempted by law.

SECTION 2.      Execution of Money Judgment. — The sheriff or proper officer shall enforce the execution of a money judgment by levying on all the property, real and personal, of the losing party, of whatever name and nature and which may be disposed of for value, not exempt from execution, or on a sufficient amount of such property, if there be sufficient and selling the same at public auction to the highest bidder, and depositing the proceeds thereof with the Cashier of the National Labor Relations Commission or the Philippine Overseas Employment Administration and that the same shall be released only upon orders from the Labor Arbiter, National Labor Relations Commission or Philippine Overseas Employment Administration. Where payments are made in checks, the same shall be issued in the name of the National Labor Relations Commission or Philippines Overseas Employment Administration, as the case may be. Any excess in the proceeds of the sale over the judgment and the accruing costs shall be delivered by the proper Cashier to the losing party or parties who own the property sold unless otherwise directed by the judgment or order. When there is more property of the losing party that is sufficient to satisfy the judgment or award and accruing costs, within the view of the officer, he shall levy only on such part of the property as is amply sufficient to satisfy the judgment or award and the costs.

SECTION 3.      Voluntary satisfaction of money judgment. — Any voluntary tender of payment by the losing party shall be affected by depositing the same with the Cashier of the National Labor Relations Commission and shall be released only upon orders from the commission or Labor Arbiter who issued the writ. cdphil

RULE V

LEVY

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:

(1)        Personal property capable of manual delivery, by taking and safely keeping it in his capacity as sheriff after issuing the corresponding receipt therefor;

(2)        Stocks 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 decision, order or award, and a notice stating that the stock or interest of the party against whom the levy is issued, is levied pursuant thereto;

(3)        Debts and credits, 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 decision order or award, 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 decisions, order or award;

(4)        The interest of the party against whom levy is issued in property belonging to the estate of a decedent, whether as heir, legatee or devisee, by serving to the executor or administrator or other personal representative of the decedent a copy of the decision, order or award and a notice that said interest is levied. A copy of said decision, order or award, 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 custodial legis, a copy of the decision, order or award, and notice shall be filed with the proper court, and notice of levy served upon the custodian of such property.

SECTION 2.      Effect of Garnishment. — Garnishment is effected by the sheriff or authorized officer, by serving a notice thereof to the third party who has possession or control of such money, goods, chattels and/or any interest therein, belonging or owing to the losing party directing or requiring him (garnishee) to hold the same subject to further orders of the Commission or Labor Arbiter who issued the writ. Where the property garnished consists of money deposited with a bank or third party, the Commission or Labor Arbiter shall order that the same shall only be released to the Cashier of the NLRC.

SECTION 3.      Levy on real property. — Real property or any interest therein may be levied in the following manner:

(a)        Real property, or growing crops thereon, standing upon the records of the register of deeds of the province or city in the name of the party against whom levy is issued, not appearing at all upon such records, by filing with the register of deeds a copy of the decision, order or award, together with a description of the property levied, and a notice that it is levied upon and by leaving a copy of such decision, order or award, description, and notice with the occupant of the property if there is any. When the property has been brought under the operation of the land registration system, the notice shall contain a reference to the number of the certificate of title and the volume and page in the registration book where the certificate is registered. The register of deeds must index levies filed under this paragraph in the name of both the prevailing party and the losing party.

(b)        Real property, or growing crops thereon or any interest therein, belonging to the party against whom levy is issued, and held by any other person or standing on the records of the register of deeds in the name of any other person, by filing with the register of deeds a copy of the decision, order or award, together with a description of the property, and a notice that such real property, and any interest therein of said property, held by or standing, in the name of such other person, naming him are levied by leaving with the occupant of the property, if any, and with such other persons, or his agents, if found within the province or city or at the residence of either, if within the province or city a copy of such decision, order or award, description and notice. When the property has been brought under the operation of the land registration system, the notice shall contain a reference to the number of the certificate of title and the volume and page in the registration book where the certificate is registered. The register of deeds must index levies filed under this paragraph in the name of the prevailing party, the losing party and of the person by whom the property is held or in whose name it stands on the records.

SECTION 4.      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.

SECTION 5.      Effect of Levy on Debts and Credits. — All persons having in their possession or under their control any credits or other similar personal property belonging to the party against whom levy is issued, or owing any debts to the latter, at the time of 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 property is delivered or transferred, or such debts are paid, to the sheriff or other proper officer of the National Labor Relations Commissions. cdasia

RULE VI

THIRD PARTY CLAIM

SECTION 1.      Definition. — A third party claim is a claim whereby a person, not a party to the case, asserts title to or right to the possession of the property levied upon.

SECTION 2.      Proceedings. — If property levied upon be 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 Labor Arbiter or proper officer issuing 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 Labor Arbiter or proper officer issuing 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 and his decision is appealable to the Commission within ten (10) working days from notice, and the Commission shall resolve the appeal within same period.

However, should the prevailing party put an indemnity bond in a sum not less than the value of the property levied, the execution shall proceed. In case of disagreement as to such value, the same shall be determined by the Commission or Labor Arbiter who issued the writ.

SECTION 3.      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 immediately be lifted or discharged. However, should the third party claim be found to be without factual or legal basis, the sheriff must proceed with the execution of the property levied upon as if no third party claim had been filed.

RULE VII

SALE OF PROPERTY ON EXECUTION

SECTION 1.      Notice of Sale. — No sale on execution shall proceed without 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 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 three (3) public places in the municipality or city where the sale is to take place, for not less than five (5) nor more than ten (10) days;

(c)        In case of real property, by posting for twenty (20) days a notice in three (3) public places in the municipality or city where the property is situated, 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 thousands pesos (P50,000.00) by publishing a copy of the notice once a week for two (2) consecutive weeks, in some newspaper published or having general circulation in the province or city, if there be one. If there are newspaper published in the province or city in English and/or Filipino, then the publication shall be made in one such newspaper;

(d)        In all cases, written notice of the sale shall be given to the losing party; cd

(e)        An officer selling without the notice prescribed in the preceding sections shall forfeit five thousands 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 willfully 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.

An execution sale without the required notice of sale as above provided is null and void and shall vest no title in the purchaser.

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, between the hours of nine in the morning and five in the afternoon. 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 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 holding the execution, nor his deputy, can become a purchaser, nor be interest 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 Labor Arbiter or proper officer who issued the writ of execution may order the refusing purchaser to pay to the former 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 judgment. If it does, he shall pay only the excess.

SECTION 6.      Adjournment of Sale. — By written consent of the prevailing party and losing party, the sheriff may adjourn any sale on execution to any date 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.

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 had 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. cd

SECTION 9.      Conveyance of Real Property. Certificate Thereof Given to Purchaser and Filed with the Register 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 property sold;

(b)        The price paid for each district lot or parcel;

(c)        The whole price paid by him.

A duplicate of such certificate shall be filed by the sheriff in the office of the Register of Deeds of the province or city where the property is located.

SECTION 10.     Certificate of Sale Where Property Claimed by Third Party. — When a property sold by virtue of a writ of execution has been claimed by a third party, the certificate of sale to be issued by the sheriff pursuant to preceding sections 7, 8, 9 shall indicate therein such third party claim.

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 a lien by attachment, judgment or mortgage on the property sold, or on some part thereof, subsequent to the judgment under which the property was sold. Such redeeming creditor is termed a 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 twelve (12) months after the registration of the sale, by paying the purchaser the amount of his purchase, with one per cent (1%) 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 if the purchaser be also a creditor having a prior lien to that of the redemptioner, other than the judgment 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, with two per centum thereon in addition, and the amount of any assessment 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 redemptioner is not disposed, redeemed from any previous redemptioner within sixty (60) days after the last redemption by paying the sum paid on the last previous redemption, with two per centum thereon in addition, and the amount 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 the last redemptioner prior to his own, with interest.

Written notice of any redemption shall be given to the sheriff who made the sale and a duplicate filed with the register 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 register 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 the effect of the sale is terminated and he is restored to his estate, and the person to whom the 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 acknowledgments of conveyances of real property. Such certificate must be filed and recorded in the office of the register of deeds of the province or city in which the property is situated, and the register of deeds shall 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 redemptioner, or for him to the sheriff 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 judgment or order under which he claims the right to redeem, certified by the proper officer wherein the judgment is docketed; or, if he redeems upon a mortgage or other liens, a memorandum of the record thereof, certified by the register of deeds;

(b)        A copy of any assignment necessary to establish his claim, verified by the affidavit of himself, or of a subscribing witness thereto;

(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 twelve (12) months after the 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 twelve (12) months 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 execution and delivery of said deed the purchaser, or redemptioner, or his assignee, shall be substituted to and acquire all the right, title, interest and claim of the losing party to the property as of the time of levy, except as against the losing party in possession, in which case the substitution shall be effective as of the date of the deed. 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 of the sale, or because the judgment has been reversed or set aside, or because the property sold was exempt from execution, or because a third party has vindicated his claim to the property, he may in proper 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.

RULE VIII

SHERIFF'S RETURN

SECTION 1.      Return of Writ of Execution. — The writ of execution shall be made returnable to the Labor Arbiter or proper officer who issued it at any time not less than ten (10) nor more than sixty (60) days after its receipt by the sheriff who shall set forth in writing on its back the whole proceedings by virtue thereof and file it with the Commission or Labor Arbiter to be preserved with the other records in the case. Failure to make the return within the stated period shall subject the sheriff to a fine of not less than P500.00, or suspension for fifteen (15) days without pay or both.

SECTION 2.      Prohibition. — In the event that the judgment or order is returned unsatisfied, either wholly or partially, the sheriff shall no longer execute the judgment or order unless an alias writ of execution is duly issued.

SECTION 3.      Break upon 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 judgment creditor may apply to the Commission or Labor Arbiter concerned for a break-open order which the latter may issue the same only after due notice and hearing.

RULE IX

MISCELLANEOUS

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 herein, a written authorization must be secured by the sheriff or duly designated officer from the Commission or Labor Arbiter who issued the writ.

SECTION 2.      Sheriffs Report. — The Sheriff enforcing the writ of execution shall make a weekly status report on its implementation to the Commission or Labor Arbiter who issued the same. Standard forms shall be made available to the sheriff in compliance with this provision.

SECTION 3.      Assignment of writs of execution. — The Commission or Labor Arbiters issuing the writs of execution in coordination with the Executive Labor Arbiter, shall conduct a raffle for purposes of assigning writs of execution to the sheriffs.

SECTION 4.      Storing of Levied Property. — To avoid pilferage or damage to 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 Labor Arbiter or proper officer who issued the writ of execution for proper disposition. For this purpose, sheriffs should inform the Labor Arbiter or proper officer issuing the writ of the corresponding storage fees, furnishing him as well as the parties with a copy of the inventory. The storage fees shall be shouldered by the losing party.

SECTION 5.      Referral of Questions Relative to Writ Enforcement. — Questions relative to writ enforcement shall be referred to the Commission or Labor Code who issued the writ of execution for resolution.

SECTION 6.      Sheriffs/Execution Fees. — Sheriffs and deputy sheriffs shall be provided at the beginning of the month with a cash advance of five hundred pesos only (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 Commission or Labor Arbiter or issuing the writ.

In the National Labor Relations Commission the sheriff or duly designated officer shall collect the following execution fees which shall be charged against the losing party:

(1)        For awards less than P5,000.00 — P200.00

(2)        P5,000.00 or more but less than P20,000.00 — P400.00;

(3)        P20,000.00 or more but less than P50,000.00 — P600.00;

(4)        P50,000.00 or more but less than P100,000.00 — P800.00;

(5)        P100,000.00 or more but not exceeding P150,000.00 — P1,000.00;

(6)        P150,000.00 the fee is plus P10.00 for every P1,000.00 in excess of P150,000.00.

The sheriff or duly designated officer shall be administratively liable in case of failure to collect the execution fees without any justifiable reason.

SECTION 7.      Execution of Judgment in Certain Areas. — Whenever practicable, in areas where there are no regional or sub-regional arbitration branches, execution of judgment may be delegated by the Commission or Labor Arbiter concerned to the sheriff/s 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 Commission or Labor Arbiter concerned within thirty (30) days from receipt thereof.

SECTION 8.      Sheriff's Identification. — In the performance of their official duties, sheriffs or duly designated officers shall be in uniform as prescribed by the Commission and should carry at all times their identification cards, as well as the necessary papers or documents respecting their authority.

RULE X

EFFECTIVITY AND REPEALING CLAUSE

SECTION 1.      Effectivity. — This Manual shall take effect 15 days after publication in two (2) newspapers of general circulation.

SECTION 2.      Repealing Clause. — The existing Sheriff's Manual of the NLRC shall be deemed superseded upon the effectivity thereof.

Cebu City, Philippines, February 24, 1993.

BARTOLOME S. CARALE

Chairman