THE NLRC MANUAL ON EXECUTION OF JUDGMENT
(As amended by Resolution No. 02-02, Series of 2002)

            Pursuant to the provisions of Art. 218 (a) of the Labor Code, as amended, in relation to Section 7, Rule VIII of the Rules of Procedure of the National Labor Relations Commission, the following NLRC Manual on Execution of Judgment is hereby adopted and promulgated:

RULE I

TITLE AND CONSTRUCTION   

            SECTION 1. Title of the Manual. – This Manual shall be known as the NLRC MANUAL ON EXECUTION OF JUDGMENT (Sheriff’s Manual), hereafter referred to simply as the Manual.

            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 applicable 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 purposes 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 ONE HUNDRED EIGHTY (180) 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 OR OF THE APPEAL BOND POSTED BY THE LATTER 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 to the persons entitled thereto of all properties, real or personal, 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, requiring the sheriff or duly designated officer to execute their judgment; must contain the dispositive portion of the decision, order or award sought to be executed; and must require the sheriff or duly designated officer to whom it is directed substantially as follows:

a)  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;

b)  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. Such party or person may be punished for contempt if he disobeys such decision or order for reinstatement, INCLUDING PAYMENT OF SALARY AS A CONSEQUENCE OF REINSTATEMENT PENDING APPEAL;

c)  THE POSTING OF A BOND BY THE EMPLOYER SHALL NOT STAY THE EXECUTION OF AN 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 may be enforced in the following cases:

a)  In case of death of the prevailing party, upon FILING OF MOTION FOR SUBSTITUTION OF PARTY BY THE HEIRS, SUCCESSORS-IN-INTEREST, EXECUTOR OR ADMINISTRATOR;

b)  In case of death by the losing party, AFTER APPROPRIATE TESTATE OR INTESTATE PROCEEDINGS AGAINST his successors-in-interest, executor or administrator;

c)  In case of death of the losing party after execution AND ACTUAL LEVY upon any of his property, the same may be sold for the satisfaction thereof, and the sheriff making the sale shall account to his HEIRS, successors-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 AFTER 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 of any interested party, issue a writ of execution on a judgment only within five (5) years from the date it becomes final and executory. 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 EXCEPT IN CASES OF REINSTATEMENT PENDING APPEAL AND IN THOSE CASES WHERE PARTIAL EXECUTION IS ALLOWED BY LAW, WHERE THE LABOR ARBITER SHALL RETAIN DUPLICATE ORIGINAL COPIES OF THE DECISION TO BE IMPLEMENTED AND PROOF OF SERVICE THEREOF FOR THE PURPOSE OF ITS IMMEDIATE ENFORCEMENT.

b)  The Secretary of Labor and Employment OR the Chairman of the Commission may designate special sheriffs and take any measure under existing laws to ensure 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, OR the Commission, OR any Labor Arbiter, in appropriate cases, may deputize the Philippine National Police or any law enforcement agencies TO ASSIST in the enforcement of final awards, orders or decisions.

            SECTION 5. RESOLUTION OF MOTION TO QUASH. - IN CASE THE AGGRIEVED PARTY FILES A MOTION TO QUASH, SAID MOTION SHALL BE RESOLVED BY THE LABOR ARBITER WITHIN TEN (10) DAYS FROM SUBMISSION OF SAID MOTION FOR RESOLUTION. AN APPEAL FROM THE ORDER OF THE LABOR ARBITER RESOLVING THE MOTION TO QUASH MAY BE TREATED AS A PETITION FOR INJUNCTION UNDER PARAGRAPH (e) OF ARTICLE 218 IF THE LABOR CODE, AS AMENDED, IF THE SAME SATISFIES THE REQUIREMENTS PROVIDED FOR BY LAW.

            SECTION 6. 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 AN INDEPENDENT action.

            SECTION 7. Control and Supervision Over the Sheriff. – The 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 Exempt from Execution. – Only the properties of the losing party shall be the subject of execution, except:

a)  The losing party’s family home, constituted in accordance with law and, in the absence thereof, the homestead in which he resides, and land necessarily used in connection therewith, subject to the limits fixed by law;

b)  His necessary clothing, and that of his family;

c)  Household furnitures 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;

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

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

f)  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;

g)  All moneys, benefits, privileges or annuities accruing or, in any matter, growing out of any life insurance;

h)  Tools and instruments necessarily used by him in his trade or employment of a value not exceeding three thousand pesos (P3,000.00);

i)  Other properties especially exempted by law.

            SECTION 2. Execution of Money Judgment. – The sheriff or duly designated officer shall enforce the execution of a money judgment by levying on all the properties, real and personal, of the losing party of whatever name and nature whatsoever, 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 and that the same shall be released only upon orders from the Commission or Labor Arbiter concerned. Where payments are made in checks, the same shall be issued in the name of the National Labor Relations Commission. 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 who owns the property sold unless otherwise directed by the judgment or order. When there is more property of the losing party than 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 and costs.

            SECTION 3. Voluntary Satisfaction of Money Judgment. – Any voluntary tender of payment by the losing party shall be effected 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.

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:

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

b)  Stocks 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;

c)  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;

d)  The interest of the prevailing 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 custodia 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 from 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 or standing, in the name of such other persons, 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 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 same time of the levy.

            SECTION 5. Effect of Levy on Debts and Credits. – All persons having in their possession or under their control any credit or other similar personal property belonging to the party against whom levy is issued, or owing any debt 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 such property is delivered or transferred, or such debts are paid, to the sheriff or duly designated officer of the National Labor Relations Commission.

RULE VI

THIRD PARTY CLAIM

            SECTION 1. Proceedings. – SHOULD A THIRD PARTY CLAIM BE FILED DURING EXECUTION OF THE JUDGMENT AWARD, THE THIRD PARTY CLAIMANT shall EXECUTE an affidavit STATING his title TO PROPERTY or possession thereof WITH SUPPORTING EVIDENCE and shall file the same with the sheriff and copies thereof served upon the Commission or Labor Arbiter who issued 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. The Commission or Labor Arbiter who issued the writ MAY REQUIRE THE THIRD PARTY CLAIMANT TO ADDUCE ADDITIONAL EVIDENCE IN SUPPORT OF HIS AFFIDAVIT OF THIRD PARTY CLAIM AND TO POST A CASH OR SURETY BOND EQUIVALENT TO THE AMOUNT OF HIS CLAIM AS PROVIDED FOR IN SECTION 6, RULE VI, OF THE NLRC RULES OF PROCEDURE, 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. The PROPRIETY of the THIRD PARTY claim SHALL BE RESOLVED within ten (10) working days from SUBMISSION OF THE CLAIM FOR RESOLUTION. The decision OF the Labor Arbiter is appealable to the Commission within ten (10) working days from notice AND the Commission shall resolve the appeal within the same period.

RULE VII

SALE OF PROPERTY ON EXECUTION   

            SECTION 1. Notice of Sale. – No sale of property on execution shall proceed without notice of sale describing the property to be sold, its location, the date, time and place of sale and 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 thousand pesos (P50,000.00), by publishing a copy of the notice once a week for two (2) consecutive weeks, in a newspaper of general circulation in the province or city, if there be one. If there are newspapers 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;

e)  An officer selling without the notice prescribed in the preceding sections shall forfeit five thousand 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 valid levy and notice of sale as herein provided is null and void and vests 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 the 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 or duly designated officer holding the execution can become a purchaser, nor be interested 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 Commission or Labor Arbiter 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 has 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 has in such property on the day of its levy.

            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 real property sold;

b)  The price paid for each distinct lot or parcel;

c)  The whole price paid by him.

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

            SECTION 10. Certificate of Sale When Property is Claimed by Third Party. – When a property sold by virtue of a writ of execution is claimed by a third party, the certificate of sale to be issued by the sheriff pursuant to preceding sections 7, 8 and 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 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 sale, by paying the purchaser the amount of his purchase, with one per centum 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 interest on such last-named amount at the same rate; 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 upon payment of the sum paid in the last redemption, with two per centum thereon in addition, and the amount of any assessments 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 a redemptioner is so 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 must be given to the sheriff who made the sale 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 must 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 or redemptioner, or for him to the sheriff or duly designated officer 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 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 has 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 rights, 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 concerning the sale, or because the property sold was exempt from execution, or because a third party has vindicated his claim to the property, he may, in a 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 Commission or Labor Arbiter who issued it at any time not less than ten (10) nor more than ONE HUNDRED EIGHTY (180) days after its receipt by the sheriff who shall set forth in writing the whole proceedings and file it with the Commission or Labor Arbiter to form part of the records of the case. Failure to make the return within the stated period shall subject the sheriff to a fine of not less than five hundred pesos (P500.00), or suspension for fifteen (15) days without pay or both.

            SECTION 2. Prohibition. – In the event 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 Open 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 PREVAILING PARTY may apply for a break open order to the Commission or Labor Arbiter concerned WHO, after due notice and hearing, SHALL ISSUE SUCH ORDER WHICH IS IMMEDIATELY EXECUTORY.

RULE IX

MISCELLANEOUS PROVISIONS   

            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 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. Sheriff’s Report. - The Sheriff enforcing the writ of execution shall make a REGULAR 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 sheriff/s.

            SECTION 4. STORAGE 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 LABOR ARBITER OR THE COMMISSION with notice to the losing party or third party claimant. For this purpose, the sheriff shall inform the Commission or Labor Arbiter concerned of the corresponding storage fees, CHARGEABLE TO THE PREVAILING PARTY.

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

            SECTION 6. CASH ADVANCE AND Execution Fees– Sheriffs or duly designated officers shall be provided at the beginning of the month with a cash advance not exceeding TWO THOUSAND PESOS (P2,000.00) 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 issuing the writ.

            The sheriff or duly designated officer shall collect the following execution fees which shall be charged against the losing party:

RULE X

EFFECTIVITY AND REPEALING CLAUSE   

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

            SECTION 2. Repealing Clause. – The existing Sheriffs Manual of the NLRC shall be deemed superseded upon the effectivity thereof.

___________, Philippines, ___________, 2000.

A N N O T A T I O N