Posted February 04,2019 18:25:10
In a Memorandum dated 21 June 2016, Chairman Gerardo C. Nograles issued the guidelines on the pre-execution of cases in the Commission.
Under the guidelines, a pre-execution conference will be set only if there are matters to be clarified or discussed. The matters to be discussed will be specified in the Notice setting the case for a pre-execution conference.
If no computation of the judgment award is attached to the motion or opposition thereto, the same shall be construed as a waiver to submit the same. In the event that both parties fail to submit computation, the computation of the judgment award by the Computation and Examination Unit (CEU), as approved by the handling Labor Arbiter, shall be the basis for the issuance of the writ of execution.
If both or one of the parties submit a computation, the same will be used as a guide by the Computation and Examination Unit (CEU) in the computation of the judgment award.
In the event that a pre-execution conference is scheduled, the 1st scheduled conference will be set 15 days from the date of the Notice calling for a Pre-Execution Conference, and the 2nd conference shall be scheduled not more than five (5) days from the date of the 1st setting. A 3rd conference may be set upon motion of either of the parties, provided, however that the entire pre-execution proceedings will not last for more than 30 days reckoned from the date of the 1st conference.
The writ of execution will be issued within ten (10) days from the termination of the Pre-Execution Conference.
If no motion for the issuance of writ of execution is filed, all Executive/Labor Arbiters are directed to issue motu proprio the writ of execution within 60 days from receipt of the Entry of Judgment or issuance of certificate of finality.
The Memorandum was issued to further expedite the execution proceedings in the Commission.
Research, Information and Publications Division
(Planning, Performance Monitoring & Management Information)
National Labor Relations Commission