You are on page 1of 17
Republic of the Philippines DEPARTMENT OF LABOR AND EMPL Intramuros, Manila Pursuant to the provisions of Presidential Decree No. 442, otherwise known as the Labor Code of the Philippines, as amended, this Sheriffs’ Manual is hereby promulgated. RULE Title and Construction Section 1. Title of the Manual. - This Manual shall be known as the “DOLE Sheriffs’ Manual on Execution of Judgments.” Section 2. Coverage. — This Manual shall cover the enforcement of judgment of the Office of the Secretary, pertinent Bureaus, Regional Offices, Mediator-Arbiters, and other attached agencies of DOLE except the National Labor Relations Commission (NLRC) and Voluntary Arbitration under the National Conciliation and Mediation Board (NCMB). Section 3. Construction. — This Manual shall be construed in a manner that shall attain a just, expeditious, and inexpensive execution of judgment as defined herein Section 4. Suppletory Application of the Rules of Court. — In the absence of any applicable provision in this Manual and in order to carry out its objectives, the Revised Rules of Court shall be applied in a suppletory character. Section 5. Definition of Terms. — For purposes of this Manual, the following terms are defined as follows: a) Cashier refers to the officer or employee charged with the receipt and custody of the cash/checks deposited and garnished in relation to the monetary awards of the Office which issued the Writ of Execution b) Contempt refers to the disobedience to the issuing authority, such as failure or refusal to comply with its orders or any other directives. ¢) DOLE refers to the Department of Labor and Employment and any of its Regional Offices, Bureaus, Services, and Attached Agencies, d) Escrow refers to a written instrument which by its term imports a legal obligation and which is deposited by the grantor, promisor, obligor, or his agent with a stranger or third party, to be kept by the depositary until the performance of a condition or the happening of a certain event, and then to be delivered over to the grantee, promise, or obligee. ©) Gamishment refers to the directive to withhold and release any deposit or monetary interest belonging or owing to a losing party in the possession or control of a third person, bank, or any financial institution. f) Judgment refers to any award, decision, order, or resolution of the DOLE, Court of Appeals and Supreme Court. Levy refers to the act of taking possession, actual or constructive, by the Sheriff of any real/personal property or interest thereof belonging to the losing party sufficient to satisfy the judgment award. Officer refers to Secretary of Labor and Employment, Regional Director, Bureau Director, and Mediator-Arbiter, and heads of other attached agencies, as the case may be. 9 hj ji) Recognition refers to an acknowledgment of an act, circumstance, rank, or status i) Regularization refers to the process of recognition or confirmation of regular employment status of an employee. k) Reinstatement refers to the restoration of the employee to the position from which he/she has been unjustly removed, without loss of seniority rights, a situation under the same terms and conditions prevailing prior to his dismissal or separation, or, at the option of the employer, inclusion of the employee in the payroll. }) Sheriff refers to any public officer tasked with the service and enforcement of writs and processes. This term shall include a public officer designated as “Special Sheriff” by the Secretary of Labor and Employment. m) Sheriff's Bond tefers to the form of security conditioned among others, for the delivery or the 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. n) Third-Party Claim refers to a claim whereby a person, not a party to the case, asserts title or right to the possession of the property levied upon. 9) Validation refers to the process of verifying the compliance of the losing party to the Order for regularization of workers. Writ of Execution refers to an order directing the Sheriff to enforce, implement, or satisfy the judgment which shall be effective for a period of five (5) years. P) RULE Il The Sheriff Section 1. Duties. - The Sheriff shall have the following duties and responsibilities, such as, but not limited to: a) Serve and enforce the writ of execution in accordance with this Manual in full satisfaction of the judgment; b) Submit an updated report on the status of execution every 30 days thereafter until full satisfaction of judgment or expiration of the writ; and ©) Submit Sheriff's return upon satisfaction of judgment or expiration of the writ, whichever comes first. Section 2. Norm of Conduct. - The Sheriff's primary duty is to implement the writ of execution with utmost diligence. And, at all times, he/she must conduct himself/herself with honor, dignity, and fidelity. In the performance of official duty, the Sheriff shall, at all times, carry the official identification card and badge, and be in proper uniform prescribed by DOLE. He/she shall also bring the pertinent documents relative to the enforcement of the judgment covered by the writ. Section 3. Period of Service. - The Sheriff shall serve all writs and processes within ten (10) days from receipt of the same. Said period is extendible on meritorious cases. Section 4. Sheriff's Bond. — In cases where the service of execution involves the taking, holding or delivering of money or property in trust for the prevailing party, the Sheriff must be duly bonded. The bond of the Sheriff, as required by law, is conditioned among others, for the delivery or the 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 5. Designation/Appointment of Special Sheriff. - The Secretary of Labor and Employment, Philippine Overseas Employment Administration (POEA) Administrator, and Regional Director may appoint a Special Sheriff, whenever appropriate. Section 6. Sheriffs from the National Labor Relations Commission. — A Sheriff from the NLRC may also be requested to enforce the writ of execution. For this purpose, the NLRC Chairperson, upon request from the Officer who issued the writ of execution, shall designate a Sheriff to enforce the writ. RULE Ill The Writ of Execution Section 1. Effectivity of the Writ of Execution. — A writ of execution shall be effective for a period of five (5) years from the issuance thereof. Section 2. Execution Upon Final Judgment. — a) The Officer may, upon his/her initiative or upon motion of any interested party, issue a writ of execution on a judgment rendered within five (5) years from the date it became final and executory. b) A final and executory judgment may be executed on motion within five (5) years from the date of its entry. After the lapse of such time, and before it is barred by the statute of limitations, a judgment may be enforced or revived by appropriate action. The revived judgment may also be enforced by motion within five (5) years from the date of its entry and thereafter by action before it is barred by the statute of limitations,

You might also like