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Case Digest on Valdez v. NLRC, 286 SCRA 87, February 9, 1998- Labor Law

April 12, 2011

Case Digest on Valdez v. NLRC, 286 SCRA 87, February 9, 1998- Labor Law

 

Q. An employer appealed a Writ of Execution issued by the Labor Arbiter claiming that it had varied the tenor of the judgment. The NLRC dismissed the appeal stating that it had lost jurisdiction over the case.   The NLRC stated that an order of execution is not merely interlocutory but final in character and that after a decision has become final, the prevailing party becomes entitled as a matter of right to its execution.   Is the dismissal of the appeal correct?

 

A. No, the dismissal of the appeal is erroneous.   The NLRC’s ruling is based on the general rule that after a decision has become final, the prevailing party becomes entitled as a matter of right to its execution, that it becomes merely the ministerial duty of the court to issue the execution.   This general rule  cannot be applied, however, whhere the writ of execution is assailed as having varied the decision.    In this case, the employer alleged that the writ of execution materially altered the decision.   If this allegation is correct, the appellant is entitled to the remedy of appeal.   The NLRC is vested with authority to look into the correctness of the execution of the decision and to consider supervening events that may affect such execution.

 

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