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Received the Notice of Decision, now what?

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1 Received the Notice of Decision, now what? on Wed Feb 23, 2011 8:19 pm

browsertech


Arresto Menor
Hi Atty.,

I hope you can help me.Last year I filed a case with the NLRC for constructive dismissal. Fast forward after the proceedings, I already received the NOD as of August 10, 2010. Unfortunately, the case was dismissed, but there was still an amount indicated there that I am supposed to receive. I would like to say that I have moved on from that traumatic incident and would like to put closure in this part of my life. What would be the next steps to have the decision executed? where do I send it? I was told that I need to send a letter request that the judgement is final and executory, and to obtain an entry of judgement? How long does this usually take? I am not familiar in making those documents and perhaps you can download or get them from somewhere?

Thank you in advance.

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attyLLL


moderator
you can inquire at the PAO for Motion for Entry of Judgment and Motion for Execution, that is if the respondent does not appeal the judgment.


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browsertech


Arresto Menor
Thank you Atty. for your reply. Would they still be able to file an appeal even if the decision was made since August of last year?

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attyLLL


moderator
no, it's final after ten days after receipt.


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browsertech


Arresto Menor
I see, I hope there is no prescription period of when the judgement is executed? I assume that if they filed an appeal, that I would've received notification about it.

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attyLLL


moderator
it prescribes after ten years, but better sooner rather than later. once you file your motion for execution, the arbiter will call for a pre-execution conference. if the company will not voluntarily pay then the nlrc sheriff will try to get to their bank accounts and other property to satisfy the award


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