Execution Pending Petition for Certiorari

December 16, 2002NLRC MEMORANDUM CIRCULAR NO. 12-01-02TO : All Executive/Labor ArbitersRE : Execution Pending Petition for CertiorariThere are reports reaching this Office that in cases where there are pending petitions for certiorari, a number of you are hesitant and/or refusing to resolve motions to release garnished amounts, which are already deposited with on Cashiers. In this connection, please be reminded of the provisions of Section 14, Rule VII and Rule VIII of the Rules of Procedure of the National Labor Relations Commission which read: cECaHA"SEC. 14. Finality of Decision of the Commission and Entry of Judgment. — a) Finality of the Decisions, Resolutions or orders of the Commission. Except as provided in Rule XI, Section 9, the decisions, resolutions or orders of the Commission/Division shall become executory after ten (10) calendar days from receipt of the same."xxx xxx xxx"SEC. 6. Effect of Filing of Petition for Certiorari on Execution. — A petition for certiorari with the Court of Appeals or the Supreme Court shall not stay the execution of the assailed decision unless a temporary...