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NLRC Pre-Execution Conference- Writ of Execution

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rtchong


Arresto Menor
Need an advice po regarding the issuance of labor case writ of execution.

The pre-execution conference has been scheduled by the arbiter today, pero hindi po sumipot yong employer namin. They instead asked, through a letter, the Labor Arbiter to stay the issuance of writ of execution pending the resolution of the MR they filed with CA. Yong Labor Arbiter naman ang sabi ay i-reresolve nya daw itong issue this coming Wednesday na naman. It's a clear move to delay our receipt of the forbearance of our case. We had been declared to be illegally dismissed by the NLRC since July 27, 2009 and was affirmed by the CA last Feb. 24, 2011 and also CA already denied their motion for the issuance of a TRO in an earlier resolution.

Ano po kaya magandang gawin namin para matapos na po itong matagal naming paghihintay, we've been illegally dismissed 2006 pa po, and it was almost 5 years na since then.

Can the labor arbiter issue a writ of execution in the absence of the employer in the pre-execution conference? Meron naman pong return card yong registered mail na pinadala sa employer.

Ito pa po masaklap nito, nag motion po kami for the issuance of writ last December 2010 pa po. Upon followup with the concerned NLRC RAB last January 2011, sinasabi po ng RAB na hindi pa sila makaka-issue ng writ since wala pa po daw allegedly yong records of case namin sa kanila. With our insistence, follow-ups and pananakot na magsasampa kami ng administrative case, nalaman po namin na nareceive na pala yong records since July 2010 pa po. I think with some unscrupulous cohorts sa RAB, they are already trying to delay by then ang execution ng case namin. Tapos ito na naman po, hindi sila mag aattend ng pre-execution conference to again delay the issuance of writ of execution.

Salamat po.

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attyLLL


moderator
they cannot be forced to attend the pre-execution conference. perhaps they are busy hiding their assets.

unless you tell us your lawyer is negligent, you really should address this matter to him.


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rtchong


Arresto Menor
Salamat po sa reply atty.

I cannot say that our lawyer is negligent on our case. Meron pong instances kasi na yong mga pleadings ng lawyer ng employer namin ay hindi naka-cc yong lawyer namin, kaya pag nagreply naman yong NLRC or CA hindi po kasali abogado namin.

Ang pinakaproblema na lang namin ngayon is yong clear intent ng employer namin to delay the process. Ano po ba pwedeng gawin to demand for the issuance of writ of execution which is very much long overdue? If they did not attend the pre-execution conference, pwede ba mag issue ng writ of execution ang Labor Arbiter pending the resolution of the Motion for Reconsideration sa CA?

Salamat po atty.

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attyLLL


moderator
you really should ask your lawyer. the rules of the nlrc are on the web. no tro, no stay of execution.


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rtchong


Arresto Menor
Salamat po Atty. po the very prompt reply and advice.

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ynal_ces


Arresto Menor
Gud am sir,

need advise...until on what the respondent be liable if she/he or their company did not comply on the issued writ of execution. Their company ceased operation after the issuance.. panu po un?

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attyLLL


moderator
then you can execute against the bond if there is one or you have to identify assets owned and in the name of the company


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ynal_ces


Arresto Menor
are there any civil liability that we could file against them if they refuse to pay or they went into hiding since we won the labor case? or none?

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attyjoyce


Reclusion Perpetua
Hi rtchong,

You can file an ex parte motion for issuance of writ of execution with the office of the Labor Arbiter, pending the resolution of the Motion for Reconsideration in CA.

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attyLLL


moderator
ynal, if you had an atty, you really should discuss this with him


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