PURSUANT TO THE PROVISIONS OF ART. 218 (A) OF THE LABOR CODE

Pursuant to the provisions of Art. 218 (a) of the Labor Code, as
amended, in relation to Section 4, Rule XI of the Revised Rules of the
National Labor Relations Commission, the following Sheriffs Manual is
hereby adopted and promulgated:

RULE I
Title and Constructions

SECTION 1.       Title of the Manual — This Manual shall be known as the Manual of Instructions for Sheriffs of the National Labor Relations Commission.

SECTION 2.       Construction — This Manual shall
be construed in a manner that shall attain a just, expeditious, and
inexpensive execution of the judgment of the National Labor Relations
Commission or any of its Labor Arbiters, the Philippine Overseas
Employment Administration, and the Supreme Court in proper cases.

SECTION 3.       Suppletory Application of Rules of Court and Jurisprudence
— In the absence of any applicable provision in this Manual, and in
order to carry out its objectives, the pertinent provisions of the
Revised Rules of Court of the Philippines and prevailing jurisprudence
may, in the interest of expeditious execution of the judgment of the
National Labor Relations Commission or any of its Labor Arbiters, the
Philippine Overseas Employment Administration, and the Supreme Court in
proper cases and whenever practicable and convenient, be applied by
analogy or in a suppletory character and effect.

RULE II
The Sheriff

SECTION 1.       Concept — The sheriff is a
public officer who exercises his duties and functions within the limits
of his authority and jurisdiction, as defined by law.

SECTION 2.       Duties — The sheriff serves all
writs, executes all processes, and carries into effect all decisions,
orders or awards issued by the National Labor Relations Commission or
any of its Labor Commission or any of its Labor Arbiters, the Philippine
Overseas Employment Administration, and the Supreme Court in proper
cases.

SECTION 3.       Responsibility and Bond — Only
bonded sheriffs may serve writs of execution involving the taking,
holding, or delivering of money or property in trust for the prevailing
party.  The bond of the sheriff as required by law shall be determined
by the Commission conditioned, among others, for the delivery or payment
to the Government or the persons entitled thereto, of all property or
sum of money that may officially come into his control and custody.

SECTION 4.       Norm of Conduct — The sheriff of
the Commission must conduct himself at all times in an upright manner.
 His first and primary duty is to implement the writ of execution and in
accomplishing the same, every reasonable effort should be exercised to
achieve the purpose of the writ.

RULE III
Writ of Execution

SECTION 1.       Definition — The writ of
execution is an order directing the sheriff to enforce, implement or
satisfy the final decisions, orders, or awards of the National Labor
Relations Commission or any of its Labor Arbiters, the Philippine
Overseas Employment Administration, and the Supreme Court in proper
cases. The writ of execution is valid only for a period of sixty (60)
days from receipt thereof by the sheriff or other proper officer.

SECTION 2.       Issuance Form, and Contents of a Writ of Execution
— The writ of execution must issue in the name of the Republic of the
Philippines from the National Labor Relations Commission or any of its
Labor Arbiters, the Philippine Overseas Employment Administration and
the Supreme Court in proper cases, requiring the sheriff or proper
officer to execute the decisions, orders, or awards of the National
Labor Relations Commissions or any of its Labor Arbiters, the Philippine
Overseas Employment Administration, and the Supreme Court in proper
cases, and must contain the dispositive portion of the decisions,
orders, or awards sought to be executed and must require the sheriff or
other proper officer to whom it is directed substantially as follows:

(1)     If the execution be for the payment of a sum of money by
the losing party, the writ shall be served by the sheriff upon the
losing party or upon any other person required by law to obey the same
before proceeding to satisfy the judgment out of the personal property
of such party and if no sufficient personal property can be found, then
out of his real property;

(2)     If the execution be for the reinstatement of any person
to any position, office or employment, such writ shall be served by the
sheriff upon the losing party or upon any other person required by law
to obey the same, and such party or person may be punished for contempt
if he disobeys such decisions, orders, or awards.

RULE IV
Execution

SECTION 1.       Properties Subject to Execution —
Only the properties of the losing party shall be the subject of
execution, except those exempted by law from execution as follows;

1.       The losing party’s family home constituted in accordance
with the Civil Code or Family Code, or as may be provided for by law or
in the absence thereof, the homestead in which he resides, and land
necessarily used in connection therewith, subject to the limits fixed by
law;

2.       His necessary clothing, and that of his family;

3.       Household furniture and utensils necessary for
housekeeping, and used for that purpose by the losing party such as he
may select, of a value not exceeding the amount fixed by law;

4.       Provisions for individual or family use sufficient for three (3) months;

5.       The professional libraries of attorneys, judges,
physicians, pharmacists, dentists, engineers, surveyors, clergymen,
teachers, and other professionals, not exceeding the amount fixed by
law;

6.       So much of the earnings of the losing party for his
personal services within the month preceding the levy as are necessary
for the support of his family.

7.       All monies, benefits, privileges, or annuities accruing or in any manner growing out of any life insurance;

8.       Tools and instruments necessarily used by him in his
trade or employment of a value not exceeding Three Thousand Pesos (P3
,000.00);

9.       Other properties especially exempted by law.

SECTION 2.       Execution of Money Judgment —
The sheriff or proper officer shall enforce the execution of a money
judgment by levying on all the property, real and personal, of the
losing party, of whatever name and nature and which may be  disposed of
for value, not exempt from execution, or on a sufficient amount of such
property, if there be sufficient and selling the same at public auction
to the highest bidder, and depositing the proceeds thereof with the
Cashier of the National Labor Relations Commission or the Philippine
Overseas Employment Administration and that the same shall be released
only upon orders from the Labor Arbiter, National Labor Relations
Commission, or Philippine Overseas Employment Administration.  Where
payments are made in checks, the same shall be issued in the name of the
National Labor Relations Commission or Philippine Overseas Employment
Administration, as the case may be.  Any excess in the proceeds of the
sale over the judgment and the accruing costs shall be delivered by the
proper Cashier to the losing party or parties who own the property sold
unless otherwise directed by the judgment or order.  When there is more
property of the losing party than is sufficient to satisfy the judgment
or award and accruing costs, within the view of the officer, he shall
levy only on such part of the property as is amply sufficient to satisfy
the judgment or award and the costs.

SECTION 3.       Voluntary Satisfaction of Money Judgment
— Any voluntary tender of payment by the losing party shall be effected
by depositing the same with the Cashier of the National Labor Relations
Commission or the Philippine Overseas Employment Administration and
shall be released only upon orders of the Labor Arbiters, NLRC or POEA
who issued the writ of execution.

RULE V
Levy

SECTION 1.       Definition — Levy
is the act of taking possession and control by the sheriff or proper
officer of sufficient property of the losing party to satisfy the
decision, order, or award.

A sale not preceded by a valid levy is void and the purchaser acquires no title.

SECTION 2.       Levy on Personal Property — To constitute a valid levy on personal property, the sheriff must take possession and control of the same.

1.       Personal property capable of manual delivery, by taking
and safely keeping it in his capacity as sheriff after issuing the
corresponding receipt therefor;

2.       Stocks or shares, or an interest in stocks or shares, of
any corporation or company, by leaving with the president or managing
agent thereof, a copy of the decision, order, or award, and a notice
stating that the stock or interest of the party against whom the levy is
issued, is levied pursuant thereto;

3.       Debts and credits, and other personal property not
capable of manual delivery, by leaving with the person owing such debts,
or having in his possession or under his control, such credits or other
personal property, or with his agent, a copy of the decision, order, or
award, and notice that the debts owing by him to the party against whom
the levy is issued, and the credits and other personal property in his
possession, or under his control, belonging to said party are levied in
pursuance of such decision, order, or award.

4.       The interest of the party against whom levy is issued in
property belonging to the estate of a decedent, whether as heir,
legatee or devisee, by serving to the executor or administrator or other
personal representative of the decedent a copy of the decision, order,
or award and a notice that said interest is levied.  A copy of said
decision, order, or award, and notice shall also be  filed with the
office of the clerk of court in which said estate is being settled and
served upon the heir, legatee, or devisee concerned.

If the property sought to be levied is in custodia legis, a copy
of the decision, order, or award, and notice shall be filed with the
proper court, and notice of levy served upon the custodian of such
property.

SECTION 3.       Garnishment, Defined —
Garnishment is the levy of money, goods, or chattels, and/or an interest
thereon, belonging or owing to a losing party in the possession or
control of a third party.

Garnishment is effected by the sheriff or authorized officer, by
serving a notice thereof to the third party who has possession or
control of such money, goods, chattels, and/or any interest therein,
belonging or owing to the losing party directing or requiring him
(garnishee) to hold the same subject to further orders of the National
Labor Relations Commission or any of its Labor Arbiters and the
Philippine Overseas Employment Administration. Where the property
garnished consists of money deposited with a bank or third party, the
Labor Arbiter shall order that the same shall only be released to the
Cashier of the NLRC or POEA as the case may be.

SECTION 4.       Levy on Real Property — Real property or any interest therein may be levied in the following manner:

1.       Real property, or growing crops thereon, standing upon
the records of the register of deeds of the province or city in the name
of the party against whom levy is issued, not appearing at all upon
such records, by filing with the register of deeds a copy of the
decision, order, or award, together with a description of the property
levied, and a notice that it is levied upon and by leaving a copy of
such decision, order, or award, description, and notice with the
occupant of the property if there is any.  When the property has been
brought under the operation of the land registration system, the notice
shall contain a reference to the number of the certificate of title and
the volume and page in the registration book where the certificate is
registered.  The register of deeds must index levies filed under this
paragraph in the name of both the prevailing party and the losing party.

2.       Real property, or growing crops thereon or any interest
therein, belonging to the party against whom levy is issued, and held by
any other person or standing on the records of the register of deeds in
the name of any other person, by filing with the register of deeds a
copy of the decision, or order, or award, together with a description of
the property, and a notice that such real property, and any interest
therein of said property, held by or standing in the name of such other
person, naming him are levied by leaving with the occupant of the
property, if any, and with such other persons, or his agents, if found
within the province or city or at the residence of either, if within the
province or city a copy of such decision, order, or award, description
and notice.  When the property has been brought under the operation of
the land registration system, the notice shall contain a reference to
the number of the certificate of title and the volume and page in the
registration book where the certificate is registered.  The register of
deeds must index levies filed under this paragraph in the name of the
prevailing party, the losing party, and of the person by whom the
property is held or in whose name it stands on the records.

SECTION 5.       Effect of Levy — The levy on
execution shall create a lien in favor of the prevailing party over the
right, title, or interest of the losing party in such property at the
time of the levy.

SECTION 6.       Effect of Levy on Debts and Credits
— All persons having in their possession or under their control any
credits or other similar personal property belonging to the party
against whom levy is issued, or owing any debts to the latter, at the
time of service upon them a copy of the decision, order or award, and
notice, shall be liable to the prevailing party for the amount of such
credits, debts, or other property until the levy is discharged, or any
judgment recovered by him is satisfied, unless such property is
delivered or transferred, or such debts are paid, to the sheriff or
other proper officer of the National Labor Relations Commission or any
of its Labor Arbiters, and the Philippine Overseas Employment
Administration issuing the writ.

RULE VI
Third Party Claim

SECTION 1.       Definition — A third party
claim is a claim whereby a person, not a party to the case, asserts
title to or right to the possession of the property levied upon.

SECTION 2.       Proceedings — If property levied
upon be claimed by any person other than the losing party or his agent,
such person shall make an affidavit of his title thereto or right to
the possession thereof, stating the grounds of such right or title and
shall file the same with the sheriff and copies thereof served upon the
Labor Arbiter or proper officer issuing the writ and upon the prevailing
party. Upon receipt of the third party claim, all proceedings with
respect to the execution of the property subject of the third party
claim shall automatically be suspended and the Labor Arbiter or proper
officer issuing the writ shall conduct a hearing with due notice to all
parties concerned and resolved the validity of the claim within ten (10)
working days from receipt thereof and his decision is appealable to the
Commission within ten (10) working days from notice, and the Commission
shall likewise resolved the appeal within the same period.

However, should the prevailing party put up an indemnity bond in a
sum not less than the value of the property levied, the execution shall
proceed.  In case of disagreement as to such value, the same shall be
determined by the Labor Arbiter, National Labor Relations Commission or
the Philippine Overseas Employment Administration issuing the writ, as
the case may be.

SECTION 3.       Resolution of the Third Party Claim, Effect
— In the event the third party claim is declared to be valid, the
sheriff shall immediately release the property to the third party
claimant, his agent or representative and the levy on execution shall
immediately be lifted or discharged.  However, should the third party
claim be found to be without factual or legal basis, the sheriff must
proceed with the execution of the property levied upon as if no third
party claim had been filed.

RULE VII
Sale of Property on Execution

SECTION 1.       Notice of Sale — No sale on
execution shall proceed without notice of sale describing the property
to be sold, its location, the date, time, and place of sale and the
terms and conditions thereof.

(1)     In case of perishable property, by posting written notice
of the time and place of the sale in three (3) public places in the
municipality or city, where the sale is to take place, for such time as
the sheriff may deem reasonable, considering the character and condition
of the property;

(2)     In case of other personal property, by posting a similar
notice in three (3) public places in the municipality or city where the
sale is to take place, for not less than five (5) nor more than ten (10)
days;

(3)     In case of real property, by posting for twenty (20) days
a notice in three (3) public places in the municipality or city where
the property is situated, a similar notice particularly describing the
property and stating where the property is to be sold, and if the
assessed value of the property exceeds fifty thousand pesos (P50,000.00)
by publishing a copy of the notice once a week for two (2) consecutive
weeks, in some newspaper published or having general circulation in the
province or city, if there be one. If there are newspapers published in
the province or city in English and/or Filipino, then the publication
shall be made in one such newspaper;

(4)     In all cases, written notice of the sale shall be given to the losing party;

(5)     An officer selling without the notice prescribed in the
preceding sections shall forfeit five thousand pesos (P5 ,000.00) to any
party injured thereby in addition to his actual damages, both to be
recovered in a single proper action; and a person willfully removing or
defacing the notice posted, if done before the sale, shall forfeit five
thousand pesos (P5,000.00) to any person injured by reason thereon, to
be recovered in any proper action.

An execution sale without the required notice of sale as above
provided is null and void and shall vest no title in the purchaser.

SECTION 2.       No Sale If Judgment and Costs Paid
— At any time before the sale of property on execution, the losing
party may prevent the sale by paying the amount required by the
execution and the costs that have been incurred therein.

SECTION 3.       How Property Sold on Execution —
All sales of property under execution shall be made at public auction,
to the highest bidder, between the hours of nine in the morning and five
in the afternoon.  After sufficient property has been sold to satisfy
the execution, no more shall be sold. When the sale is of real property,
consisting of several known lots, they shall be sold separately, or,
when a portion of such real property is claimed by a third person he may
require it to be sold separately.  When the sale is of personal
property capable of manual delivery, it shall be sold within view of
those attending the sale and in such parcels as are likely to bring the
highest price.  The losing party, if present at the sale, may direct the
order in which property real or personal shall be sold, when such
property consists of several known lots or parcels which can be sold to
advantage separately.  Neither the sheriff holding the execution, nor
his deputy, can become a purchaser, nor be interested directly or
indirectly in any purchase at such sale.

SECTION 4.       Refusal of Purchaser to Pay — If
a purchaser refuses to pay the amount bid by him for property struck
off to him at a sale under execution, the sheriff may again sell the
property to the highest bidder and shall not be responsible for any loss
occasioned thereby; but the Labor Arbiter or proper officer who issued
the writ of execution may order the refusing purchaser to pay to the
former the amount of such loss, with costs, and may punish him for
contempt if he disobeys the order.  The amount of such payment shall be
for the benefit of the person entitled to the proceeds of the execution,
unless the execution has been fully satisfied, in which event such
proceeds shall be for the benefit of the losing party. When a purchaser
refuses to pay, the sheriff may thereafter reject any subsequent bid of
such person.

SECTION 5.       Prevailing Party as Purchaser —
When the purchaser is the prevailing party, and no third-party claim has
been filed, he need not pay the amount of the bid if it does not exceed
the amount of the judgment. If it does, he shall pay only the excess.

SECTION 6.       Adjournment of Sale — By written
consent of the prevailing party and losing party, the sheriff may
adjourn any sale on execution to any date agreed upon in writing by the
parties. Without such agreement he may adjourn the sale from day to day,
if it becomes necessary to do so for lack of time to complete the sale
on the day fixed in the notice.

SECTION 7.       Conveyance to Purchaser of Personal Property Capable of Manual Delivery
— When the purchaser of any personal property, capable of manual
delivery, pays the purchase price, the sheriff making the sale shall
deliver the property to the purchaser and, if desired, execute and
deliver to him a certificate of sale.  The sale conveys to the purchaser
all the rights which the losing party had in such property on the day
of its levy.

SECTION 8.       Conveyance to Purchaser of Personal Property Not Capable of Manual Delivery
— When the purchaser of any personal property, not capable of manual
delivery, pays the purchase price, the sheriff making the sale shall
execute and deliver to the purchaser a certificate of sale.  Such
certificate conveys to the purchaser all the rights which the losing
party had in such property on the day of its levy.

SECTION 9.       Conveyance of Real Property Certificate Thereof Given to Purchaser and Filed With the Register of Deeds — Upon a sale of real property, the sheriff shall give to the purchaser a certificate of sale containing:

1.       A particular description of the property sold;

2.       The price paid for each distinct lot or parcel;

3.       The whole price paid by him.

A duplicate of such certificate shall be filed by the sheriff in
the office of the Register of Deeds of the province or city where the
property is situated.

SECTION 10.    Certificate of Sale Where Property Claimed by Third Party
— When a property sold by virtue of a writ of execution has been
claimed by a third party, the certificate of sale to be issued by the
sheriff pursuant to preceding sections 7,8,9 shall indicate therein such
third party claim.

SECTION 11.    Redemption of Real Property Sold; Who May Redeem
— Real property sold as provided in the last preceding section or any
part thereof sold separately, may be redeemed in the manner hereinafter
provided, by the following parties/persons:

1.       The losing party, or his successor in interest in the whole or any part of the property;

2.       A creditor having a lien by attachment, judgment or
mortgage on the property sold, or on some part thereof, subsequent to
the judgment under which the property was sold. Such redeeming creditor
is termed a redemptioner.

SECTION 12.    Time and Manner Of, and Amounts Payable On, Successive Redemptions. Notice to be Given and Filed
— The losing party or redemptioner may redeem the property from the
purchaser at any time within twelve (12) months after the registration
of the sale, by paying the purchaser the amount of his purchase, with
one per cent (1%) per month interest thereon, in addition, up to the
time of redemption, together with the amount of any assessments or taxes
which the purchaser may have paid thereon after purchase, and if the
purchaser be also a creditor having prior lien to that of the
redemptioner, other than the judgment under which such purchase was
made, the amount of such other lien, with interest.  Property so
redeemed may again be redeemed within sixty (60) days after the last
redemption, with two per centum (2%) thereon in addition, and the amount
of any assessments or taxes which the last redemptioner may have paid
thereon after redemption by him, with interest on such last-named
amount, and in addition, the amount of any liens held by said last
redemptioner prior to his own, with interest.  The property may be
again, and as often as redemptioner is so disposed, redeemed from any
previous redemptioner within sixty (60) days after the last redemption,
by paying the sum paid on the last previous redemption, with two per
centum (2%) thereon in addition, and the amount of any assessments or
taxes which the last previous redemptioner paid after the redemption
thereon, with interest thereon, and the amount of any liens held by the
last redemptioner prior to his own, with interest.

Written notice of any redemption shall be given to the sheriff who
made the sale and a duplicate filed with the register of deeds of the
province or city, and if any assessments or taxes are paid by the
redemptioner or if he has or acquires any lien other than that upon
which the redemption was made, notice thereof must in like manner be
given to the sheriff and filed with the register of deeds; if such
notice be not filed, the property may be redeemed without paying such
assessments, taxes, or liens.

SECTION 13.    Effect of Redemption by Losing Party, and a Certificate to be Delivered and Recorded Thereupon.
To Whom Payments on Redemption Made — If the losing party redeems, he
shall make the same payments as are required to effect a redemption by a
redemptioner, whereupon the effect of the sale is terminated and he is
restored to his estate, and the person to whom the payment is made shall
execute and deliver to him a certificate of redemption acknowledged or
approved before a notary public or other officer authorized to take
acknowledgments of conveyances of real property. Such certificate must
be filed and recorded in the office of the register of deeds of the
province or city in which the property is situated, and the register of
deeds shall note the record thereof in the margin of the record of the
certificate of sale.  The payments mentioned in this and the last
preceding sections may be made to the purchaser or redemptioner, or for
him to the sheriff who made the sale.

SECTION 14.    Proof Required of Redemptioner — A
redemptioner shall produce to the sheriff, or person from whom he seeks
to redeem, and serve with his notice to the sheriff:

(1)     A copy of the judgment or order under which he claims the
right to redeem, certified by the proper officer wherein the judgment
is docketed; or, if he redeems upon a mortgage or other liens, a
memorandum of the record thereof, certified by the register of deeds;

(2)     A copy of any assignment necessary to establish his
claim, verified by the affidavit of himself, or of a subscribing witness
thereto;

(3)     An affidavit by himself or his agent, showing the amount then actually due on the lien.

SECTION 15.    Deed and Possession To Be Given at Expiration of Redemption Period: By Whom Executed or Given
— If no redemption be made within twelve (12) months after the sale,
the purchaser or his assignee, is entitled to a conveyance and
possession of the property; or, if so redeemed whenever sixty (60) days
have elapsed and no other redemption has been made, and notice thereof
given, and the time of redemption has expired, the last redemptioner, or
his assignee, is entitled to the conveyance and possession, but in all
cases the losing party shall have the entire period of twelve (12)
months from the date of the registration of the sale to redeem the
property.  The deed shall be executed by the sheriff making the sale or
by his successor in office, and, in the latter case, shall have the same
validity as though the sheriff making the sale had continued in office
and executed it.

Upon the execution and delivery of said deed the purchaser, or
redemptioner, or his assignee, shall be substituted to and acquire all
the right, title, interest, and claim of the losing party to the
property as of the time of levy, except as against the losing party in
possession, in which case the substitution shall be effective as of the
date of the deed.  The possession of the property shall be given to the
purchaser or last redemptioner by the same sheriff unless a third party
is actually holding the property adversely to the losing party.

SECTION 16.    Recovery of Price if Sale Not Effective; Revival of Judgment
— If the purchaser of real property sold on execution, or his successor
in interest fails to recover the possession thereof, or is evicted
therefrom, in consequence of irregularities in the proceedings
concerning the sale, or because the judgment has been reversed or set
aside, or because the property sold was exempt from execution, or
because a third party has vindicated his claim to the property, he may
in proper action recover from the prevailing party the price paid, with
interest, or so much thereof as has not been delivered to the losing
party; or he may, on motion after notice, have the original judgment
revived in his name for the whole price with interest, or so much
thereof as has been delivered to the losing party.  The judgment so
revived shall have the same force and effect as an original judgment
would have as of the date of the revival and no more.

RULE VIII
Sheriff’s Return

SECTION 1.       Return of Writ of Execution —
The writ of execution shall be made returnable to the Labor Arbiter or
proper officer who issued it at any time not less than ten (10) nor more
than sixty (60) days after its receipt by the sheriff who shall set
forth in writing on its back the whole proceedings by virtue thereof and
file it with the Labor Arbiter or proper officer to be preserved with
the other records in the case.  Failure to make the return within the
stated period shall subject the sheriff to a fine of not less than
P500.00, or suspension for fifteen (15) days without pay or both.

SECTION 2.       Prohibition — In the event that
the judgment or order is returned unsatisfied, either wholly or
partially, the sheriff shall no longer execute the judgment or order
unless an alias writ of execution is duly issued.

1.       Under no circumstances should the sheriff accept or
receive any deposit in trust with a condition that execution shall not
issue pending appeal before the Supreme Court.

2.       Should the losing party, his agent or representative,
refuse or prohibit the sheriff or his authorized representative entry to
the place where the property subject of execution is located or kept,
the prevailing party may apply to the Labor Arbiter concerned for a
break-open order and the latter may issue the same only after due notice
and hearing.

RULE IX
Miscellaneous

SECTION 1.       Sheriffs Uniform — In the
performance of their official duties, sheriffs and deputy sheriffs
should be in uniform as prescribed by the Commission.  They should also
wear badges and carry at all times their identification cards,
controlled by the Commission, for proper identification in enforcing the
writ.

SECTION 2.       Assignment of Writs of Execution
— The Labor Arbiter or proper officer, issuing the writs of execution,
shall conduct the raffle for purposes of assignment thereof to the
sheriffs.

SECTION 3.       Storing of Levied Property — To
 avoid pilferage of or damage to levied property, the same shall be
inventoried and stored in a bonded warehouse, wherever available, or in a
secured place as may be determined by the sheriff with notice to and
conformity of the losing party or third party claimant.  In case of
disagreement, the same shall be referred to the Labor Arbiter or proper
officer who issued the writ of execution for proper disposition. For
this purpose, sheriffs should inform the Labor Arbiter or proper officer
issuing the writ of the corresponding storage fees, furnishing him as
well as the parties with a copy of the inventory.  The storage fees
shall be shouldered by the losing party.

SECTION 4.       Referral of Questions Relative to Writ Enforcement
— Questions relative to writ enforcement shall immediately be referred
to the Labor Arbiter or proper officer who issued the writ of execution
for resolution.

SECTION 5.       Sheriffs/Execution Fees —
Sheriffs and deputy sheriffs are entitled to reimbursements of actual
expenses in accordance with Sec. 7 of Rule 141, as amended.  They shall
be provided with a cash advance of P300.00 at the beginning of the month
for transportation expenses which amount shall be liquidated at the end
of the month whereby they are to submit statement of expenses and
itinerary of travel duly approved by the Labor Arbiter or proper officer
issuing the writ.

The following execution fees payable to the NLRC or POEA, as the case may be, shall be charged against the losing party:

1.       For awards less than P5 ,000.00                                P200.00;

2.       P5 ,000.00 or more but less than P20,000.00             P400.00;

3.       P20 ,000.00 or more but less than P50,000.00           P600.00;

4.       P50 ,000.00 or more but less than P100,000.00          P800.00;

5.       P100 ,000.00 or more but not exceeding P150,000.00 — P1,000, plus P10.00 for every P1,000.00 in excess of P150,000.00

For purposes of reimbursement of actual expenses, sheriffs and
deputy sheriffs are required to submit statement of expenses and
itinerary of travel to the Labor Arbiter or proper officer issuing the
writ before enforcing the same.

SECTION 6.       Whenever practicable, in areas
where there are no regional or sub-regional arbitration branches,
execution of judgment may be delegated by the Labor Arbiter or POEA
which issued the writ of execution to the City or Provincial Sheriffs as
the case may be.  The sheriff shall make his return to the Labor
Arbiter or POEA concerned within sixty (60) days from receipt thereof.

RULE X
Effectivity

SECTION 1.       Effectivity — This Manual shall take effect fifteen (15) days after publication in the Official Gazette.

Adopted: 19 may 1988

( Sgd .) FRANKLIN M. DRILON Chairman	( Sgd.) EDNA BONTO-PEREZ Vice-Chairman
( Sgd .) DANIEL M. LUCAS, JR. Commissioner	( Sgd.) CONRADO B. MAGLAYA Commissioner
( Sgd .) OSCAR N. ABELLA Commissioner	( Sgd.) ROSARIO G. ENCARNACION Commissioner
( Sgd .) DOMINGO H. ZAPANTA  Commissioner	( Sgd.) CEFERINO E. DULAY Commissioner
( Sgd .) ERNESTO G. LADRIDO III Commissioner	( Sgd.) MIRASOL V. CORLETO Commissioner
( Sgd .) MUSIB M. BUAT Commissioner	( Sgd.) ROBERTO P. TOLENTINO Commissioner
( Sgd .) BRAULIO S. DAYDAY Commissioner	( Sgd.) LOURDES C. JAVIER Commissioner
( Sgd .) DANILO S. LORREDO Commissioner	( Sgd.) NESTOR C. LIM Commissioner (Deceased)