NLRC MANUAL ON EXECUTION OF JUDGMENT Pursuant to the provisions of Art.

218(a) of the Labor Code, as amended, in relation to Section , !ule "# of the $e% !ules of the $ational Labor !elations Commission, the follo%in& $L!C 'anual on ()ecution of *ud&ment is hereb+ adopted and promul&ated, !-L( 1 .itle of Construction S(C.#/$ 1. Title of the Manual. 0 .his 'anual shall be 1no%n as the NLRC Manual on Execution of Judgment (Sheriff Manual), hereafter referred to simpl+ as the 'anual. S(C.#/$ 2. Construction. 0 .his 'anual shall be construed in a manner that shall attain a 2ust, e)peditious and ine)pensive e)ecution of a 2ud&ment as defined herein. S(C.#/$ 3. Suppletor !pplication of Rules of Court and Jurisprudence. 0 #n the absence of an+ application provision in this 'anual, and in order to carr+ out its ob2ectives, the pertinent provisions of the !evised !ules of Court of the Philippines and prevailin& 2urisprudence ma+, in the interest of e)peditious e)ecution of a 2ud&ment, and %henever practicable and convenient, be applied b+ analo&+ or in a suppletor+ character and effect.chan robles virtual la% librar+ S(C.#/$ follo%s, . "efinition of Terms. 0 4or purpose of this 'anual, the follo%in& terms are defined as

(a) S5(!#44 0 an+ public officer tas1ed %ith the service or enforcement of %rits and processes, includin& an+ 2ud&ment as defined herein, performin& the duties of a sheriff, and shall include one %ho has been desi&nated as 6special sheriff6 in accordance %ith la%7 (b) 8!#. /4 ("(C-.#/$ 0 an /rder directin& the sheriff to enforce, implement or satisf+ the final decisions, orders or a%ards of the $ational Labor !elations Commission or an+ of its Labor Arbiters. .he %rit of e)ecution is valid onl+ for a period of thirt+ (39) da+s from receipt thereof b+ the sheriff or dul+ desi&nated officer. (c) L(:; 0 the act of ta1in& possession, actual or constructive, b+ the sheriff or dul+ desi&nated officer, of sufficient propert+ of the losin& part+ to satisf+ the decision order or a%ard. (d) <A!$#S5'($. 0 the lev+ of mone+, &oods or chattels and=or an interest thereon, belon&in& or o%in& to a losin& part+ in the possession or control of a third part+.chan robles virtual la% librar+ (e) *-><'($. 0 as used in this 'anual, an+ order, resolution, a%ard or decision of the $ational Labor !elations Commission or an+ of its Labor Arbiters. (f) .5#!> PA!.; CLA#' 0 a claim %hereb+ a person, not a part+ to the case, asserts title or ri&ht to the possession of the propert+ levied upon. !-L( ## .he Sheriff S(C.#/$ 1. "uties. 0 .he sheriff serves all %rits, e)ecutes all processes and carries into effect an+ 2ud&ment as defined herein. S(C.#/$ 2. Responsi#ilit and $ond. 0 /nl+ bonded sheriffs ma+ serve %rits of e)ecution involvin& the ta1in&, holdin& or deliverin& of mone+ or propert+ in trust for the prevailin& part+. .he bond of the sheriff

as re?uired b+ la% shall be determined b+ the Commission conditioned, amon& others, for the deliver+ or pa+ment to the <overnment or the persons entitled thereto, of all propert+ or sum of mone+ that ma+ officiall+ come into his control and custod+. S(C.#/$ 3. Norm of Conduct. 0 .he sheriff of the Commission must conduct himself at all times in an upri&ht manner. 5is first and primar+ dut+ is to implement the %rit of e)ecution and in accomplishin& the same, ever+ reasonable effort should be e)ercised to achieve the purpose of the %rit.

!-L( ### .he 8rit of ()ecution S(C.#/$ 1. Execution %pon &inal Judgment or 'rder. 0 ()ecution shall issue onl+ upon a 2ud&ment or order that finall+ disposes of an action or proceedin&, e)cept in specific instances %here the la% provides for e)ecution pendin& appeal. S(C.#/$ 2. (ssuance) &orm and Contents of a *rit of Execution . 0 .he %rit of e)ecution must issue in the name of the !epublic of the Philippines from the $ational Labor !elations Commission or an+ of its Labor Arbiters, the Philippine /verseas (mplo+ment Administration and the Supreme Court in proper cases, re?uirin& the sheriff or proper officer to e)ecute the decisions, orders or a%ards of the $ational Labor !elations Commission or an+ of its Labor Arbiters, the Philippine /verseas (mplo+ment Administration and the Supreme Court in proper cases, and must contain the dispositive portion of the decisions, orders or a%ards sou&ht to be e)ecuted and must re?uire the sheriff or other proper officer to %hom it is directed substantiall+ as follo%s, (1) #f the e)ecution be for the pa+ment of a sum of mone+ b+ the losin& part+, the %rit shall be served b+ the sheriff upon the losin& part+ or upon an+ other person re?uired b+ la% to obe+ the same before proceedin& to satisf+ the 2ud&ment out of the personal propert+ of such part+ and if no sufficient personal propert+ can be found, then out of his real propert+7 (2) #f the e)ecution be for the reinstatement of an+ person to an+ position, office or emplo+ment, such %rit shall be served b+ the sheriff upon the losin& part+ or upon an+ other person re?uired b+ la% to obe+ the same, and such part+ or person ma+ be punished for contempt if he disobe+s such decisions, order for reinstatement. S(C.#/$ 3. Execution in Case of "eath of +art . 0 8here a part+ dies after the finalit+ of the decision=entr+ of 2ud&ment or order, e)ecution thereon ma+ issue or one alread+ issued ma+be enforced in the follo%in& cases, (a) #n case of death of the prevailin& part+, upon the application of his successor@in@interest, e)ecutor or administrator7 (b) #n case of death of the losin& part+, a&ainst his successor@in@interest, e)ecutor or administrator7 (c) #n case of death of the losin& part+ after e)ecution is actuall+ levied upon an+ of his propert+, the same ma+ be sold for the satisfaction thereof, and the sheriff ma1in& the sale shall account to his successor@in@ interest, e)ecutor or administrator for an+ surplus in his hands. S(C.#/$ . (ssuance of a *rit. 0 ()ecution shall issue upon an order, resolution or decision that finall+ disposes of the actions or proceedin&s and the counsel of record and the parties have been dul+ furnished %ith the copies of the same in accordance %ith the $L!C !ules of Procedure, provided, (a) .he Commission or Labor Arbiter shall, motu proprio or upon motion or an+ interested part+, issue a %rit of e)ecution on a 2ud&ment onl+ %ithin five (A) +ears from the date it becomes final and e)ecutor+, so re?uirin& the sheriff or a dul+ deputiBed officer to e)ecute the same. $o motion for e)ecution shall be entertained nor a %rit be issued unless the Commission or Labor Arbiter is in possession of the records of

the case %hich shall include an entr+ of 2ud&ment %here the case has been appealed.chan robles virtual la% librar+ (b) .he Secretar+ of Labor and (mplo+ment and the Chairman of the Commission ma+ desi&nate special sheriffs and ta1e an+ measure under e)istin& la%s to endure compliance of their decisions, orders or a%ards and those of the Labor Arbiters, includin& the imposition of administrative fines, %hich shall not be less than five hundred pesos (PA99.99) nor more than ten thousand pesos (P19,999.99). (c) .he Secretar+ of Labor and (mplo+ment, the Commission, an+ Labor Arbiter, in appropriate cases, ma+ deputiBe the Philippine $ational Police or an+ la%@enforcement a&encies in the enforcement of final a%ards, orders or decisions. (d) (ffect of Cond. 0 .he postin& of a bond b+ the emplo+er shall not sta+ the e)ecution of an order for reinstatement. S(C.#/$ A. Execution $ (ndependent !ction. 0 A 2ud&ment, after the lapse of five (A) +ears from the date it becomes final and e)ecutor+ and before it is barred b+ prescription, ma+ onl+ be enforced b+ action. S(C.#/$ D. Control and Super,ision ',er the Sheriff. 0.he Chairman, Commission or Labor Arbiter issuin& the %rit shall have full control and supervision over the sheriff assi&ned to enforce the same.

!-L( #: ()ecution S(C.#/$ 1. +roperties Su#-ect to Execution. 0 /nl+ the properties of the losin& part+ shall be the sub2ect of e)ecution, e)cept, (1) .he losin& part+Es famil+ home constituted in accordance %ith the Civil Code or 4amil+ Code, or as ma+ be provided for b+ la% or in the absence thereof, the homestead in %hich he resides, and land necessaril+ used in connection there%ith, sub2ect to the limits fi)ed b+ la%7 (2) 5is necessar+ clothin&, and that of his famil+7 (3) 5ousehold furniture and utensils necessar+ for house1eepin&, and used for that purpose b+ the losin& part+ such as he ma+ select, of a value not e)ceedin& the amount fi)ed b+ la%7 ( ) Provisions for individual or famil+ use sufficient for three (3) months7 (A) .he professional libraries of attorne+s, 2ud&es, ph+sicians, pharmacists, dentists, en&ineers, surve+ors, cler&+men, teachers, and other professionals, not e)ceedin& the amount fi)ed b+ la%7 (D) So much of the earnin&s of the losin& part+ for his personal services %ithin the month precedin& the lev+ as are necessar+ for the support of his famil+7 (F) All monies, benefits, privile&es, or annuities accruin& or in an+ manner &ro%in& out of an+ life insurance7 (8) .ools and instruments necessaril+ used b+ him in his trade or emplo+ment of a value not e)ceedin& .hree .housand (P3,999.99) Pesos7 (G) /ther properties especiall+ e)empted b+ la%.

S(C.#/$ 2. Execution of Mone Judgment. 0 .he sheriff or proper officer shall enforce the e)ecution of a mone+ 2ud&ment b+ lev+in& on all the propert+, real and personal, of the losin& part+, of %hatever name and nature and %hich ma+ be disposed of for value, not e)empt from e)ecution, or on a sufficient amount of such propert+, if there be sufficient and sellin& the same at public auction to the hi&hest bidder, and depositin& the proceeds thereof %ith the Cashier of the $ational Labor !elations Commission or the Philippine /verseas (mplo+ment Administration and that the same shall be released onl+ upon orders from the Labor Arbiter, $ational Labor !elations Commission or Philippine /verseas (mplo+ment Administration. 8here pa+ments are made in chec1s, the same shall be issued in the name of the $ational Labor !elations Commission or Philippines /verseas (mplo+ment Administration, as the case ma+ be. An+ e)cess in the proceeds of the sale over the 2ud&ment and the accruin& costs shall be delivered b+ the proper Cashier to the losin& part+ or parties %ho o%n the propert+ sold unless other%ise directed b+ the 2ud&ment or order. 8hen there is more propert+ of the losin& part+ that is sufficient to satisf+ the 2ud&ment or a%ard and accruin& costs, %ithin the vie% of the officer, he shall lev+ onl+ on such part of the propert+ as is ampl+ sufficient to satisf+ the 2ud&ment or a%ard and the costs. S(C.#/$ 3. .oluntar satisfaction of mone -udgment. 0 An+ voluntar+ tender of pa+ment b+ the losin& part+ shall be affected b+ depositin& the same %ith the Cashier of the $ational Labor !elations Commission and shall be released onl+ upon orders from the commission or Labor Arbiter %ho issued the %rit.

!-L( : Lev+ S(C.#/$ 1. Le, on +ersonal +ropert . 0 .o constitute a valid lev+ on personal propert+, the sheriff must ta1e possession and control of the same in the follo%in& manner,chan robles virtual la% librar+ (1) Personal propert+ capable of manual deliver+, b+ ta1in& and safel+ 1eepin& it in his capacit+ as sheriff after issuin& the correspondin& receipt therefor7 (2) Stoc1s or shares, or an interest in stoc1s or shares, of an+ corporation or compan+, b+ leavin& %ith the president or mana&in& a&ent thereof, a cop+ of the decision, order or a%ard, and a notice statin& that the stoc1 or interest of the part+ a&ainst %hom the lev+ is issued, is levied pursuant thereto7 (3) >ebts and credits, and other personal propert+ not capable of manual deliver+, b+ leavin& %ith the person o%in& such debts, or havin& in his possession or under his control, such credits or other personal propert+, or %ith his a&ent, a cop+ of the decision order or a%ard, and notice that the debts o%in& b+ him to the part+ a&ainst %hom the lev+ is issued, and the credits and other personal propert+ in his possession, or under his control, belon&in& to said part+ are levied in pursuance of such decisions, order or a%ard7 ( ) .he interest of the part+ a&ainst %hom lev+ is issued in propert+ belon&in& to the estate of a decedent, %hether as heir, le&atee or devisee, b+ servin& to the e)ecutor or administrator or other personal representative of the decedent a cop+ of the decision, order or a%ard and a notice that said interest is levied. A cop+ of said decision, order or a%ard, and notice shall also be filed %ith the office of the cler1 of court in %hich said estate is bein& settled and served upon the heir, le&atee or devisee concerned. #f the propert+ sou&ht to be levied is in custodia legis, a cop+ of the decision, order or a%ard, and notice shall be filed %ith the proper court, and notice of lev+ served upon the custodian of such propert+. S(C.#/$ 2. Effect of /arnishment. 0 <arnishment is effected b+ the sheriff or authoriBed officer, b+ servin& a notice thereof to the third part+ %ho has possession or control of such mone+, &oods, chattels and=or an+ interest therein, belon&in& or o%in& to the losin& part+ directin& or re?uirin& him (&arnishee) to hold the same sub2ect to further orders of the Commission or Labor Arbiter %ho issued the %rit. 8here the propert+ &arnished consists of mone+ deposited %ith a ban1 or third part+, the Commission or Labor Arbiter shall order that the same shall onl+ be released to the Cashier of the $L!C.

S(C.#/$ 3. Le, on real propert . 0 !eal propert+ or an+ interest therein ma+ be levied in the follo%in& manner, (a) !eal propert+, or &ro%in& crops thereon, standin& upon the records of the re&ister of deeds of the province or cit+ in the name of the part+ a&ainst %hom lev+ is issued, not appearin& at all upon such records, b+ filin& %ith the re&ister of deeds a cop+ of the decision, order or a%ard, to&ether %ith a description of the propert+ levied, and a notice that it is levied upon and b+ leavin& a cop+ of such decision, order or a%ard, description, and notice %ith the occupant of the propert+ if there is an+. 8hen the propert+ has been brou&ht under the operation of the land re&istration s+stem, the notice shall contain a reference to the number of the certificate of title and the volume and pa&e in the re&istration boo1 %here the certificate is re&istered. .he re&ister of deeds must inde) levies filed under this para&raph in the name of both the prevailin& part+ and the losin& part+. (b) !eal propert+, or &ro%in& crops thereon or an+ interest therein, belon&in& to the part+ a&ainst %hom lev+ is issued, and held b+ an+ other person or standin& on the records of the re&ister of deeds in the name of an+ other person, b+ filin& %ith the re&ister of deeds a cop+ of the decision, order or a%ard, to&ether %ith a description of the propert+, and a notice that such real propert+, and an+ interest therein of said propert+, held b+ or standin&, in the name of such other person, namin& him are levied b+ leavin& %ith the occupant of the propert+, if an+, and %ith such other persons, or his a&ents, if found %ithin the province or cit+ or at the residence of either, if %ithin the province or cit+ a cop+ of such decision, order or a%ard, description and notice. 8hen the propert+ has been brou&ht under the operation of the land re&istration s+stem, the notice shall contain a reference to the number of the certificate of title and the volume and pa&e in the re&istration boo1 %here the certificate is re&istered. .he re&ister of deeds must inde) levies filed under this para&raph in the name of the prevailin& part+, the losin& part+ and of the person b+ %hom the propert+ is held or in %hose name it stands on the records. S(C.#/$ . Effect of Le, . 0 .he lev+ on e)ecution shall create a lien in favor of the prevailin& part+ over the ri&ht, title or interest of the losin& part+ in such propert+ at the time of the lev+. S(C.#/$ A. Effect of Le, on "e#ts and Credits. 0 All persons havin& in their possession or under their control an+ credits or other similar personal propert+ belon&in& to the part+ a&ainst %hom lev+ is issued, or o%in& an+ debts to the latter, at the time of service upon them a cop+ of the decision, order or a%ard, and notice, shall be liable to the prevailin& part+ for the amount of such credits, debts or other propert+, until the lev+ is dischar&ed, or an+ 2ud&ment recovered b+ him is satisfied, unless propert+ is delivered or transferred, or such debts are paid, to the sheriff or other proper officer of the $ational Labor !elations Commissions.

!-L( :# .hird Part+ Claim S(C.#/$ 1. "efinition. 0 A third part+ claim is a claim %hereb+ a person, not a part+ to the case, asserts title to or ri&ht to the possession of the propert+ levied upon. S(C.#/$ 2. +roceedings. 0 #f propert+ levied upon be claimed b+ an+ person other than the losin& part+ or his a&ent, such person shall ma1e an affidavit of his title thereto or ri&ht to the possession thereof, statin& the &rounds of such ri&ht or title and shall file the same %ith the sheriff and copies thereof served upon the Labor Arbiter or proper officer issuin& the %rit and upon the prevailin& part+. -pon receipt of the third part+ claim, all proceedin&s %ith respect to the e)ecution of the propert+ sub2ect of the third part+ claim shall automaticall+ be suspended and the Labor Arbiter or proper officer issuin& the %rit shall conduct a hearin& %ith due notice to all parties concerned and resolve the validit+ of the claim %ithin ten (19) %or1in& da+s from receipt thereof and his decision is appealable to the Commission %ithin ten (19) %or1in& da+s from notice, and the Commission shall resolve the appeal %ithin same period.

5o%ever, should the prevailin& part+ put an indemnit+ bond in a sum not less than the value of the propert+ levied, the e)ecution shall proceed. #n case of disa&reement as to such value, the same shall be determined b+ the Commission or Labor Arbiter %ho issued the %rit. S(C.#/$ 3. Resolution of the Third +art Claim) Effect. 0 #n the event the third part+ claim is declared to be valid, the sheriff shall immediatel+ release the propert+ to the third part+ claimant, his a&ent or representative and the lev+ on e)ecution shall immediatel+ be lifted or dischar&ed. 5o%ever, should the third part+ claim be found to be %ithout factual or le&al basis, the sheriff must proceed %ith the e)ecution of the propert+ levied upon as if no third part+ claim had been filed.

!-L( :## Sale of Propert+ on ()ecution S(C.#/$ 1. Notice of Sale. 0 $o sale on e)ecution shall proceed %ithout notice of sale describin& the propert+ to be sold, its location, the date, time and place of sale and the terms and conditions thereof. (a) #n case of perishable propert+, b+ postin& %ritten notice of the time and place of the sale in three (3) public places in the municipalit+ or cit+, %here the sale is to ta1e place, for such time as the sheriff ma+ deem reasonable, considerin& the character and condition of the propert+7 (b) #n case of other personal propert+, b+ postin& a similar notice in three (3) public places in the municipalit+ or cit+ %here the sale is to ta1e place, for not less than five (A) nor more than ten (19) da+s7chan robles virtual la% librar+ (c) #n case of real propert+, b+ postin& for t%ent+ (29) da+s a notice in three (3) public places in the municipalit+ or cit+ %here the propert+ is situated, a similar notice particularl+ describin& the propert+ and statin& %here the propert+ is to be sold, and if the assessed value of the propert+ e)ceeds fift+ thousands pesos (PA9,999.99) b+ publishin& a cop+ of the notice once a %ee1 for t%o (2) consecutive %ee1s, in some ne%spaper published or havin& &eneral circulation in the province or cit+, if there be one. #f there are ne%spaper published in the province or cit+ in (n&lish and=or 4ilipino, then the publication shall be made in one such ne%spaper7 (d) #n all cases, %ritten notice of the sale shall be &iven to the losin& part+7 (e) An officer sellin& %ithout the notice prescribed in the precedin& sections shall forfeit five thousands pesos (PA,999.99) to an+ part+ in2ured thereb+, in addition to his actual dama&es, both to be recovered in a sin&le proper action7 and a person %illfull+ removin& or defacin& the notice posted, if done before the sale, shall forfeit five thousand pesos (PA,999.99) to an+ person in2ured b+ reason thereof, to be recovered in an+ proper action. An e)ecution sale %ithout the re?uired notice of sale as above provided is null and void and shall vest no title in the purchaser. S(C.#/$ 2. No Sale (f Judgment and Costs +aid. 0 At an+ time before the sale of propert+ on e)ecution, the losin& part+ ma+ prevent the sale b+ pa+in& the amount re?uired b+ the e)ecution and the costs that have been incurred therein. S(C.#/$ 3. 0o1 +ropert Sold on Execution. 0 All sales of propert+ under e)ecution shall be made at public auction, to the hi&hest bidder, bet%een the hours of nine in the mornin& and five in the afternoon. After sufficient propert+ has been sold to satisf+ the e)ecution, no more shall be sold. 8hen the sale is of real propert+, consistin& of several 1no%n lots, the+ shall be sold separatel+, or, %hen a portion of such real propert+ is claimed b+ a third person he ma+ re?uire it to be sold separatel+. 8hen the sale is of personal propert+ capable of manual deliver+, it shall be sold %ithin vie% of those attendin& the sale and in such parcels as are li1el+ to brin& the hi&hest price. .he losin& part+, if present at the sale, ma+ direct

the order in %hich propert+ real or personal shall be sold, %hen such propert+ consists of several 1no%n lots or parcels %hich can be sold to advanta&e separatel+. $either the sheriff holdin& the e)ecution, nor his deput+, can become a purchaser, nor be interest directl+ or indirectl+ in an+ purchase at such sale. S(C.#/$ . Refusal of +urchaser to +a . 0 #f a purchaser refuses to pa+ the amount bid b+ him for propert+ struc1 off to him at a sale under e)ecution, the sheriff ma+ a&ain sell the propert+ to the hi&hest bidder and shall not be responsible for an+ loss occasioned thereb+7 but the Labor Arbiter or proper officer %ho issued the %rit of e)ecution ma+ order the refusin& purchaser to pa+ to the former the amount of such loss, %ith costs, and ma+ punish him for contempt if he disobe+s the order. .he amount of such pa+ment shall be for the benefit of the person entitled to the proceeds of the e)ecution, unless the e)ecution has been full+ satisfied, in %hich event such proceeds shall be for the benefit of the losin& part+. 8hen a purchaser refuses to pa+, the sheriff ma+ thereafter re2ect an+ subse?uent bid of such person. S(C.#/$ A. +re,ailing part as purchaser. 0 8hen the purchaser is the prevailin& part+, and no third@ part+ claim has been filed, he need not pa+ the amount of the bid if it does not e)ceed the amount of the 2ud&ment. #f it does, he shall pa+ onl+ the e)cess. S(C.#/$ D. !d-ournment of Sale. 0 C+ %ritten consent of the prevailin& part+ and losin& part+, the sheriff ma+ ad2ourn an+ sale on e)ecution to an+ date a&reed upon in %ritin& b+ the parties. 8ithout such a&reement he ma+ ad2ourn the sale from da+ to da+, if it becomes necessar+ to do so for lac1 of time to complete the sale on the da+ fi)ed in the notice. S(C.#/$ F. Con,e ance to +urchaser of +ersonal +ropert Capa#le of Manual "eli,er . 0 8hen the purchaser of an+ personal propert+, capable of manual deliver+, pa+s the purchase price, the sheriff ma1in& the sale shall deliver the propert+ to the purchaser and, if desired, e)ecute and deliver to him a certificate of sale. .he sale conve+s to the purchaser all the ri&hts %hich the losin& part+ had in such propert+ on the da+ of its lev+. S(C.#/$ 8. Con,e ance to +urchaser of +ersonal +ropert Not Capa#le of Manual "eli,er . 0 8hen the purchaser of an+ personal propert+, not capable of manual deliver+, pa+s the purchase price, the sheriff ma1in& the sale shall e)ecute and deliver to the purchaser a certificate of sale. Such certificate conve+s to the purchaser all the ri&hts %hich the losin& part+ had in such propert+ on the da+ of its lev+. S(C.#/$ G. Con,e ance of Real +ropert . Certificate Thereof /i,en to +urchaser and &iled 1ith the Register of "eeds. 0 -pon a sale of real propert+, the sheriff shall &ive to the purchaser a certificate of sale containin&, (a) A particular description of the propert+ sold7 (b) .he price paid for each district lot or parcel7 (c) .he %hole price paid b+ him. A duplicate of such certificate shall be filed b+ the sheriff in the office of the !e&ister of >eeds of the province or cit+ %here the propert+ is located. S(C.#/$ 19. Certificate of Sale *here +ropert Claimed # Third +art . 0 8hen a propert+ sold b+ virtue of a %rit of e)ecution has been claimed b+ a third part+, the certificate of sale to be issued b+ the sheriff pursuant to precedin& sections F, 8, G shall indicate therein such third part+ claim. chan robles virtual la% librar+ S(C.#/$ 11. Redemption of Real +ropert Sold2 *ho Ma Redeem. 0 !eal propert+ sold as provided in the last precedin& section or an+ part thereof sold separatel+, ma+ be redeemed in the manner hereinafter provided, b+ the follo%in& parties=persons,

(a) .he losin& part+, or his successor in interest in the %hole or an+ part of the propert+7 (b) A creditor havin& a lien b+ attachment, 2ud&ment or mort&a&e on the propert+ sold, or on some part thereof, subse?uent to the 2ud&ment under %hich the propert+ %as sold. Such redeemin& creditor is termed a redemptioner. S(C.#/$ 12. Time and Manner of) and !mounts +a a#le on) Successi,e Redemptions. Notice to #e /i,en and &iled. 0 .he losin& part+ or redemptioner ma+ redeem the propert+ from the purchaser at an+ time %ithin t%elve (12) months after the re&istration of the sale, b+ pa+in& the purchaser the amount of his purchase, %ith one per cent (1H) per month interest thereon, in addition, up to the time of redemption, to&ether %ith the amount of an+ assessments or ta)es %hich the purchaser ma+ have paid thereon after purchase, and if the purchaser be also a creditor havin& a prior lien to that of the redemptioner, other than the 2ud&ment under %hich such purchase %as made, the amount of such other lien, %ith interest. Propert+ so redeemed ma+ a&ain be redeemed %ithin si)t+ (D9) da+s after the last redemption, %ith t%o per centum thereon in addition, and the amount of an+ assessment or ta)es %hich the last redemptioner ma+ have paid thereon after redemption b+ him, %ith interest on such last@named amount, and in addition, the amount of an+ liens held b+ said last redemptioner prior to his o%n, %ith interest. .he propert+ ma+ be a&ain, and as often as redemptioner is not disposed, redeemed from an+ previous redemptioner %ithin si)t+ (D9) da+s after the last redemption b+ pa+in& the sum paid on the last previous redemption, %ith t%o per centum thereon in addition, and the amount of an+ assessments or ta)es %hich the last previous redemptioner paid after the redemption thereon, %ith interest thereon, and the amount of an+ liens held b+ the last redemptioner prior to his o%n, %ith interest. 8ritten notice of an+ redemption shall be &iven to the sheriff %ho made the sale and a duplicate filed %ith the re&ister of deeds of the province or cit+, and if an+ assessments or ta)es are paid b+ the redemptioner or if he has or ac?uires an+ lien other than that upon %hich the redemption %as made, notice thereof, must in li1e manner be &iven to the sheriff and filed %ith the re&ister of deeds7 if such notice be not filed the propert+ ma+ be redeemed %ithout pa+in& such assessments, ta)es or liens. S(C.#/$ 13. Effect of Redemption # Losing +art ) and a Certificate to #e "eli,ered and Recorded Thereupon. To *hom +a ments on Redemption Made. 0 #f the losin& part+ redeems, he shall ma1e the same pa+ments as are re?uired to effect a redemption b+ a redemptioner, %hereupon the effect of the sale is terminated and he is restored to his estate, and the person to %hom the pa+ment is made shall e)ecute and deliver to him a certificate of redemption ac1no%led&ed or approved before a notar+ public or other officer authoriBed to ta1e ac1no%led&ments of conve+ances of real propert+. Such certificate must be filed and recorded in the office of the re&ister of deeds of the province or cit+ in %hich the propert+ is situated, and the re&ister of deeds shall note the record thereof on the mar&in of the record of the certificate of sale. .he pa+ments mentioned in this and the last precedin& sections ma+ be made to the purchaser redemptioner, or for him to the sheriff %ho made the sale. S(C.#/$ 1 . +roof Re3uired of Redemptioner. 0 A redemptioner shall produce to the sheriff, or person from %hom he see1s to redeem, and serve %ith his notice to the sheriff, (a) A cop+ of the 2ud&ment or order under %hich he claims the ri&ht to redeem, certified b+ the proper officer %herein the 2ud&ment is doc1eted7 or, if he redeems upon a mort&a&e or other liens, a memorandum of the record thereof, certified b+ the re&ister of deeds7 (b) A cop+ of an+ assi&nment necessar+ to establish his claim, verified b+ the affidavit of himself, or of a subscribin& %itness thereto7 (c) An affidavit b+ himself or his a&ent, sho%in& the amount then actuall+ due on the lien. S(C.#/$ 1A. "eed and +ossession to #e /i,en at Expiration of Redemption +eriod. $ *hom Executed or /i,en. 0 #f no redemption be made %ithin t%elve (12) months after the sale, the purchaser or his

assi&nee, is entitled to a conve+ance and possession of the propert+7 or, if so redeemed %henever si)t+ (D9) da+s have elapsed and no other redemption has been made, and notice thereof &iven, and the time of redemption has e)pired, the last redemptioner, or his assi&nee, is entitled to the conve+ance and possession, but in all cases the losin& part+ shall have the entire period of t%elve (12) months from the date of the re&istration of the sale to redeem the propert+. .he deed shall be e)ecuted b+ the sheriff ma1in& the sale or b+ his successor in office, and, in the latter case, shall have the same validit+ as thou&h the sheriff ma1in& the sale had continued in office and e)ecuted it. -pon the e)ecution and deliver+ of said deed the purchaser, or redemptioner, or his assi&nee, shall be substituted to and ac?uire all the ri&ht, title, interest and claim of the losin& part+ to the propert+ as of the time of lev+, e)cept as a&ainst the losin& part+ in possession, in %hich case the substitution shall be effective as of the date of the deed. .he possession of the propert+ shall be &iven to the purchaser or last redemptioner b+ the same sheriff unless a third part+ is actuall+ holdin& the propert+ adversel+ to the losin& part+. S(C.#/$ 1D. Reco,er of +rice (f Sale Not Effecti,e2 Re,i,al of Judgment. 4 #f the purchaser of real propert+ sold on e)ecution, or his successor in interest fails to recover the possession thereof, or is evicted therefrom, in conse?uence of irre&ularities in the proceedin&s of the sale, or because the 2ud&ment has been reversed or set aside, or because the propert+ sold %as e)empt from e)ecution, or because a third part+ has vindicated his claim to the propert+, he ma+ in proper action recover from the prevailin& part+ the price paid, %ith interest, or so much thereof as has not been delivered to the losin& part+7 or he ma+, on motion after notice, have the ori&inal 2ud&ment revived in his name for the %hole price %ith interest, or so much thereof as has been delivered to the losin& part+. .he 2ud&ment so revived shall have the same force and effect as an ori&inal 2ud&ment %ould have as of the date of the revival.

!-L( :### SheriffEs !eturn S(C.#/$ 1. Return of *rit of Execution. 0 .he %rit of e)ecution shall be made returnable to the Labor Arbiter or proper officer %ho issued it at an+ time not less than ten (19) nor more than si)t+ (D9) da+s after its receipt b+ the sheriff %ho shall set forth in %ritin& on its bac1 the %hole proceedin&s b+ virtue thereof and file it %ith the Commission or Labor Arbiter to be preserved %ith the other records in the case. 4ailure to ma1e the return %ithin the stated period shall sub2ect the sheriff to a fine of not less than PA99.99, or suspension for fifteen (1A) da+s %ithout pa+ or both. S(C.#/$ 2. +rohi#ition. 0 #n the event that the 2ud&ment or order is returned unsatisfied, either %holl+ or partiall+, the sheriff shall no lon&er e)ecute the 2ud&ment or order unless an alias %rit of e)ecution is dul+ issued. S(C.#/$ 3. $rea5 open order2 1hen issued. 0 Should the losin& part+, his a&ent or representative, refuse or prohibit the sheriff or his authoriBed representative entr+ to the place %here the propert+ sub2ect of e)ecution is located or 1ept, the 2ud&ment creditor ma+ appl+ to the Commission or Labor Arbiter concerned for a brea1@open order %hich the latter ma+ issue the same onl+ after due notice and hearin&.

!-L( #" 'iscellaneous S(C.#/$ 1. 0ours and "a s *hen *rit Shall $e Ser,ed. 0 8rit of ()ecution shall be served at an+ da+, e)cept Saturda+s, Sunda+s, and holida+s, bet%een the hours of ei&ht in the mornin& and five in the afternoon. #f, b+ the nature of the losin& part+Es business, it re?uires the implementation of the same be+ond the period provided herein, a %ritten authoriBation must be secured b+ the sheriff or dul+ desi&nated officer from the Commission or Labor Arbiter %ho issued the %rit.

S(C.#/$ 2. Sheriffs Report. 0 .he Sheriff enforcin& the %rit of e)ecution shall ma1e a %ee1l+ status report on its implementation to the Commission or Labor Arbiter %ho issued the same. Standard forms shall be made available to the sheriff in compliance %ith this provision. S(C.#/$ 3. !ssignment of 1rits of execution. 0 .he Commission or Labor Arbiters issuin& the %rits of e)ecution in coordination %ith the ()ecutive Labor Arbiter, shall conduct a raffle for purposes of assi&nin& %rits of e)ecution to the sheriffs. S(C.#/$ . Storing of Le,ied +ropert . 0 .o avoid pilfera&e or dama&e to levied propert+, the same shall be inventoried and stored in a bonded %arehouse, %herever available, or in a secured place as ma+ be determined b+ the sheriff %ith notice to and conformit+ of the losin& part+ or third part+ claimant. #n case of disa&reement, the same shall be referred to the Labor Arbiter or proper officer %ho issued the %rit of e)ecution for proper disposition. 4or this purpose, sheriffs should inform the Labor Arbiter or proper officer issuin& the %rit of the correspondin& stora&e fees, furnishin& him as %ell as the parties %ith a cop+ of the inventor+. .he stora&e fees shall be shouldered b+ the losin& part+. S(C.#/$ A. Referral of 6uestions Relati,e to *rit Enforcement. 0 Iuestions relative to %rit enforcement shall be referred to the Commission or Labor Code %ho issued the %rit of e)ecution for resolution. S(C.#/$ D. Sheriffs7Execution &ees. 0 Sheriffs and deput+ sheriffs shall be provided at the be&innin& of the month %ith a cash advance of five hundred pesos onl+ (PA99.99) for transportation e)penses %hich shall be li?uidated at the end of the month %ith a statement of e)penses and itinerar+ of travel dul+ approved b+ the Commission or Labor Arbiter or issuin& the %rit. #n the $ational Labor !elations Commission the sheriff or dul+ desi&nated officer shall collect the follo%in& e)ecution fees %hich shall be char&ed a&ainst the losin& part+, (1) 4or a%ards less than PA,999.99 0 P299.99 (2) PA,999.99 or more but less than P29,999.99 0 P 99.997 (3) P29,999.99 or more but less than PA9,999.99 0 PD99.997 ( ) PA9,999.99 or more but less than P199,999.99 0 P899.997 (A) P199,999.99 or more but not e)ceedin& P1A9,999.99 0 P1,999.997 (D) P1A9,999.99 the fee is plus P19.99 for ever+ P1,999.99 in e)cess of P1A9,999.99. .he sheriff or dul+ desi&nated officer shall be administrativel+ liable in case of failure to collect the e)ecution fees %ithout an+ 2ustifiable reason. S(C.#/$ F. Execution of Judgment in Certain !reas . 0 8henever practicable, in areas %here there are no re&ional or sub@re&ional arbitration branches, e)ecution of 2ud&ment ma+ be dele&ated b+ the Commission or Labor Arbiter concerned to the sheriff=s of the cit+ or province %here the propert+ of the losin& part+ sou&ht to be levied=&arnished is located. .he sheriff shall ma1e his return to the Commission or Labor Arbiter concerned %ithin thirt+ (39) da+s from receipt thereof. S(C.#/$ 8. Sheriff8s (dentification. 0 #n the performance of their official duties, sheriffs or dul+ desi&nated officers shall be in uniform as prescribed b+ the Commission and should carr+ at all times their identification cards, as %ell as the necessar+ papers or documents respectin& their authorit+.

!-L( " (ffectivit+ and !epealin& Clause S(C.#/$ 1. Effecti,it . 0 .his 'anual shall ta1e effect 1A da+s after publication in t%o (2) ne%spapers of &eneral circulation. S(C.#/$ 2. Repealing Clause. 0 .he e)istin& SheriffEs 'anual of the $L!C shall be deemed superseded upon the effectivit+ thereof. CA!./L/'( S. CA!AL( Chairman.