NLRC Chairman clarifies the order of enforcement of judgment
In a Memorandum dated 25 March 2013, Chairman Gerardo C. Nograles clarifies and reminds all sheriffs that the cash bond being referred to under Section 2, Rule IV of the 2012 Sheriffs’ Manual on Execution of Judgment is the appeal bond paid in the form of cash and deposited with the NLRC Cashier.
“It does not refer to the Escrow account of manning agencies mandated under POEA Rules. Escrow accounts are considered as bank deposits,” Nograles said.
Said rule provides that in the event of failure or refusal of the losing party to pay the judgment award, the Sheriff shall enforce the judgment award in the following order: (1) cash bond; (2) bank deposits; (3) surety bond.
The 2012 Sheriffs’ Manual on Execution of Judgment was promulgated by the NLRC through En Banc Resolution No. 10-12, Series of 2012, which aims to expedite the procedures and to ensure transparency in the enforcement of decisions, and to guarantee receipt of monetary awards by prevailing litigants through institutionalization of safeguards in the handling of fiduciary funds.
The NLRC, through the leadership of Chairman Nograles, continues to streamline the procedures pursuant to its commitment of reforming labor adjudication and arbitration.
Research, Information and Publications Division
National Labor Relations Commission