Chairman Nograles clarifies manner of execution for monetary judgment on labor cases involving OFWs
IN an NLRC Memorandum Circular No. 07-01, Series of 2015, Chairman Gerardo C. Nograles clarifies the manner of execution for monetary judgment on labor cases involving overseas Filipino workers (OFWs).
Section 10, Rule XVI of the Omnibus Rules and Regulations Implementing the Migrant Workers and Overseas Filipinos Act of 1995 (Republic Act No. 8042), as amended by Republic Act No. 10022, provides for the manner of execution of money claims arising from the employer’s liability which may be awarded or given to the worker in a judgment or settlement of his/her labor case in the NLRC.
“According to Chairman Nograles, “money claims under sub-paragraph (f), Section 2 of Rule XVI of Republic Act No. 8042, as amended by Republic Act No. 10022, includes those arising from illegal termination, disability and death benefits awarded by the Labor Arbiter and/or the Commission.”
“This Memorandum Circular is issued to have a uniform guidelines in the conduct of execution of money judgment awarded to our OFW workers,” Chairman Nograles added.
Under the Memorandum Circular, after the conduct of pre-execution conference, the Labor Arbiter is required, upon its initiative or upon motion, to issue a writ of execution directing the Sheriff to serve the writ upon the recruitment/manning agency that has the obligation to pay the amount adjudged or agreed upon within thirty (30) days from receipt thereof.
The sheriff of the NLRC is required to serve the writ of execution upon the recruitment/manning agency within three (3) days from receipt of the same in accordance with the 2011 NLRC Rules of Procedure, as amended.
If no payment is made, either by the insurer or the recruitment/manning agency within the thirty (30) day period, or if the amount paid is insufficient to satisfy the amount adjudged or agreed upon, the performance bond or escrow deposit of the recruitment/manning agency with the Philippine Overseas Employment Administration (POEA) will be garnished.
In the event that the performance bond or escrow deposit is deficient, execution will proceed in accordance with the 2011 NLRC Rules of Procedure, as amended.
The Labor Arbiters of the NLRC has original and exclusive jurisdiction over money claims arising out of employer-employee relationship or by virtue of any law or contract, involving OFW workers, including claims for actual, moral, exemplary and other forms of damages as provided law.
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