Posted February 04,2019 18:25:10
THE National Labor Relations Commission (NLRC) Rules of Procedure provides for a pre-execution conference within two (2) days from the issuance of a writ of execution of judgment.
The pre-execution conference is an innovative rule incorporated in the NLRC Rules of Procedure to simplify the enforcement or execution of judgment.
“Specifically, pre-execution conference is incorporated in the NLRC rules to thresh out specific issues for proper enforcement of the Decision to be executed such as questions arising from conflicting computations submitted by the parties, compliance of reinstatement or return-to-work order, and similar issues,” Chairman Gerardo C. Nograles explained.
“Pre-execution conference is also a venue for possible settlement of the labor disputes among the parties,” Nograles added.
In an NLRC Memorandum dated September 25, 2015, the 1st scheduled pre-execution conference is set 15 days from the date of the Order calling for a Pre-execution conference. The 2nd conference is scheduled not more than 5 days from the date of the 1st setting. The 3rd conference may be set upon motion of either the parties, provided, however, that the entire pre-execution proceedings will not last for more than 30 days from the date of the 1st conference.
The writ of execution will be issued within 10 days from the termination of the pre-execution conference.
Nograles directed all Executive/Labor Arbiters to issue motu proprio the writ of execution within 60 days from receipt of the Entry of Judgment or issuance of certificate of finality, if no motion for issuance of writ of execution was filed.