(5 POINTS)
12. a) How do you execute a labor judgment which, on appeal, had become final and executory? Discuss fully.
b) Cite two instances when an order of execution may be appealed.
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QUESTIONS IN THE 2007 PHILIPPINE BAR EXAMINATION.
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TOPICS / KEYWORDS
- appeal (1)
- civil (1)
- codetermination (1)
- community of interest rule (1)
- compromise agreement (1)
- conciliation proceedings (1)
- criminal (1)
- disciplinary action (1)
- DOLE (1)
- employment of minor (1)
- employment status (1)
- foreigner (1)
- globe doctrine (1)
- househelp (1)
- illegal dismissal (1)
- illegal strike (1)
- labor arbiter (1)
- maternity leave (1)
- NLRC (1)
- non-lawyer (1)
- OFW (1)
- order of execution (1)
- PD 1508 (1)
- permit (1)
- POEA (1)
- procedure (1)
- recruitment (1)
- reinstatement or illegal dismissal (1)
- retirement due (1)
- single (1)
- unfair labor (1)
- valid strike (1)
1 comment:
XII.
a.
A labor judgment, which on appeal had become final and executory, is executed by the issuance of a writ of execution. A writ of execution may be issued motu proprio or on motion within five (5) years from the date it becomes final and executory. After the lapse of such period, the judgment shall become dormant, and may only be enforced by an independent action within a period of ten (10) years from date of its finality. However, no motion for execution shall be entertained nor a writ of execution be issued unless the Labor Arbiter or the Commission is in possession of the records of the case which shall include an entry of judgment.
b.
An order of execution may not be appealed but may be the subject of certiorari if there is grave abuse of discretion in its issuance.
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