If the property levied on is claimed by any person other than the judgment
obligor or his agent, and such person makes an affidavit of his title thereto or
right to the possession thereof, stating the grounds of such right or title, and
serves the same upon the officer making the levy and copy thereof, stating the
grounds of such right or tittle, and a serves the same upon the officer making
the levy and a copy thereof upon the judgment obligee, the officer shall not be
bound to keep the property, unless such judgment obligee, on demand of the
officer, files a bond approved by the court to indemnity the third-party claimant
in a sum not less than the value of the property levied on. In case of
disagreement as to such value, the same shall be determined by the court
issuing the writ of execution. No claim for damages for the taking or keeping of
the property may be enforced against the bond unless the action therefor is
filed within one hundred twenty (120) days from the date of the filing of the
bond.
The officer shall not be liable for damages for the taking or keeping of the
property, to any third-party claimant if such bond is filed. Nothing herein
contained shall prevent such claimant or any third person from vindicating his
claim to the property in a separate action, or prevent the judgment obligee from
claiming damages in the same or a separate action against a third-party
claimant who filed a frivolous or plainly spurious claim.
When the writ of execution is issued in favor of the Republic of the Philippines,
or any officer duly representing it, the filing of such bond shall not be required,
and in case the sheriff or levying officer is sued for damages as a result of the
levy, he shall be represented by the Solicitor General and if held liable therefor,
the actual damages adjudged by the court shall be paid by the National
Treasurer out of such funds as may be appropriated for the purpose. (17a)
RULE XII EXTRAORDINARY REMEDIES (N)
(2011 NLRC RULES OF PROCEDURE)
SECTION 1. VERIFIED PETITION
A party aggrieved by any order or resolution of the Labor Arbiter including
those issued during execution proceedings may file a verified petition to annul
or modify such order or resolution. The petition may be accompanied by an
application for the issuance of a temporary restraining order and/or writ of
preliminary or permanent injunction to enjoin the Labor Arbiter, or any person
acting under his/her authority, to desist from enforcing said resolution or
order.
SECTION 2. GROUNDS.
The petition filed under this Rule may be entertained only on any of the
following grounds:
a) If there is prima facie evidence of abuse of discretion on the part of the Labor
Arbiter.
b) If serious errors in the findings of facts are raised which, if not corrected,
would cause grave or irreparable damage or injury to the petitioner.
c) If a party by fraud, accident, mistake or excusable negligence has been
prevented from taking an appeal;
d) If made purely on questions of law; or
e) If the order or resolution will cause injustice if not rectified.
SECTION 3. WHEN AND WHERE FILED. Not later than ten (10) calendar
days from receipt of the order or resolution of the Labor Arbiter, the aggrieved
party may file a petition with the Commission furnishing a copy thereof to the
adverse party.
If it shall appear from facts shown by the verified application and affidavits that
great and irreparable damage and/or injury would result to the petitioner
before the petition can be resolved, the Commission may issue a temporary
restraining order ex- parte effective for a non-extendible period of twenty (20)
calendar days from service on the private respondent.
In the issuance of a temporary restraining order or writ of preliminary
injunction, the Commission shall require the posting of a cash bond in the
amount of Fifty Thousand Pesos (P50,000.00), or such higher amount as may
be determined by the Commission, to recompense those enjoined for any loss,
expense or damage caused by the improvident or erroneous issuance of such
order or injunction, including all reasonable costs.
An additional cash bond may be required by the Commission in the issuance of
a writ of preliminary injunction.