Section 5, Rule VI of the 2011 NLRC Rules requires that the

execution proceedings be speedy and efficient by providing

a specific period for the conduct of execution conference,
thus –

SECTION 5. PRE-EXECUTION CONFERENCE. -

Within two (2) working days from receipt of a motion
for the issuance of a writ of execution which shall be
accompanied by a computation of a judgment award,
if necessary, the Commission or the Labor Arbiter may
schedule a pre-execution conference to thresh out
matters relevant to execution including the final
computation of monetary award. The pre-
execution conference shall not exceed fifteen
(15) calendar days from the initial schedule,
unless the parties agreed to an extension.

Any order issued by the Labor Arbiter in the pre-

execution conference is not appealable, subject to the
remedies available under Rule XII.

when a judgment becomes final and executory, the issuance of a

writ of execution becomes a ministerial duty. In one of
those cases, it was explicitly ruled that –

“The Court does not see any reason to depart

from this rule in the case of herein petitioners. The
decision of the NLRC dated March 26, 1996 has
become final and executory xxxx xxxx. Said
judgment may no longer be disturbed or modified
by any court or tribunal. It is a fundamental rule
that when a judgment becomes final and executory,
it becomes immutable and unalterable, and any
amendment or alteration which substantially affects
a final and executory judgment is void, including the
entire proceedings held for that purpose. Once a
judgment becomes final and executory, the
prevailing party can have it executed as a
matter of right, and the issuance of a writ of
 execution becomes a ministerial duty of the
court. A decision that has attained finality becomes
the law of the case regardless of any claim that it is
erroneous. The writ of execution must therefore
conform to the judgment to be executed and adhere
strictly to the very essential particulars.”[23] (Nerissa
Buenviaje, Et., Al., vs. Court of Appeals, Et., Al., G.R.
No. 147806. November 12, 2002; citing [23]
Buaya vs. Stronghold Insurance Co., Inc., 342 SCRA
576 (2000); and Equatorial Realty Development,
Inc. vs. Mayfair Theater, Inc., 332 SCRA 139 [2000])

Section 1 par. (a) of Rule XI of the 2011 NLRC Rules provides that
–

SECTION 1. EXECUTION UPON FINALITY OF

DECISION OR ORDER. - a) A writ of execution
may be issued motu proprio or on motion, upon
a decision or order that has become final and
executory.

It is elementary that a final and executory decision CANNOT BE

ALTERED OR SET-ASIDE, thus –

“…well-settled is the principle that a

decision that has acquired finality becomes
immutable and unalterable and may no
longer be modified in any respect even if the
modification is meant to correct erroneous
conclusions of fact or law and whether it
will be made by the court that rendered it or
by the highest court of the land.”

“The reason for this is that litigation must end

and terminate sometime and somewhere, and it is
essential to an effective and efficient
administration of justice that, once a judgment has
become final, the winning party be not deprived of
the fruits of the verdict. Courts must guard against
 any scheme calculated to bring about that result
and must frown upon any attempt to prolong the
controversies.” (Mariano Siy vs. NLRC, Et. Al., G.R.
No. 158971. August 25, 2005)

To delay or impede a final and executory judgment is

contemptuous, thus in one case it was held that –

“For his obstinacy in refusing to

respect a final and executory judgment,
we hold Atty. Quevedo in contempt of court.”
“Contempt of court is disobedience to the
court by acting in opposition to its authority,
justice and dignity. It signifies not only a willful
disregard or disobedience of the court’s orders
but also conduct tending to bring the authority
of the court and the administration of law into
disrepute or, in some manner, to impede the due
administration of justice. xxxx xxxx” (Mariano
Siy vs. NLRC, Et. Al., G.R. No. 158971. August 25,
2005)

ART. 223. Appeal. ‐ Decisions, awards, or orders of the Labor Arbiter are final and
executory unless appealed to the Commission by any or both parties within ten (10)
calendar days from receipt of such decisions, awards, or orders. Such appeal 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 the decision, order or award was secured through fraud or coercion, including
graft and corruption;

(c) If made purely on questions of law; and

(d) If serious errors in the findings of facts are raised which would cause grave or
irreparable damage or injury to the appellant.

In case of a judgment involving a monetary award, an appeal by the employer may

be perfected only upon the posting of a cash or surety bond issued by a reputable
bonding company duly accredited by the Commission in the amount equivalent to
the monetary award in the judgment appealed from.

In any event, the decision of the Labor Arbiter reinstating a dismissed or separated
employee, insofar as the reinstatement aspect is concerned, shall immediately be
executory, even pending appeal. The employee shall either be admitted back to
work under the same terms and conditions prevailing prior to his dismissal or
separation or, at the option of the employer, merely reinstated in the payroll. The
posting of a bond by the employer shall not stay the execution for reinstatement
provided herein.

To discourage frivolous or dilatory appeals, the Commission or the Labor Arbiter

shall impose reasonable penalty, including fines or censures, upon the erring
parties.

In all cases, the appellant shall furnish a copy of the memorandum of appeal to the
other party who shall file an answer not later than ten (10) calendar days from
receipt thereof.

The Commission shall decide all cases within twenty (20) calendar days from
receipt of the answer of the appellee. The decision of the Commission shall be final
and executory after ten (10) calendar days from receipt thereof by the parties.
Any law enforcement agency may be deputized by the Secretary of Labor and
Employment or the Commission in the enforcement of decisions, awards or orders.
(As amended by Section 12, Republic Act No. 6715, March 21, 1989).

ART. 224. Execution of decisions, orders or awards. ‐ (a) The Secretary of Labor and
Employment or any Regional Director, the Commission or any Labor Arbiter, or
Med‐Arbiter or Voluntary Arbitrator may, motu proprio or on motion of any
interested party, issue a writ of execution on a judgment within five (5) years from
the date it becomes final and executory, requiring a sheriff or a duly deputized
officer to execute or enforce final decisions, orders or awards of the Secretary of
Labor and Employment or regional director, the Commission, the Labor Arbiter or
med‐arbiter, or voluntary arbitrators. In any case, it shall be the duty of the
responsible officer to separately furnish immediately the counsels of record and the
parties with copies of said decisions, orders or awards. Failure to comply with the
duty prescribed herein shall subject such responsible officer to appropriate
administrative sanctions.

(b) The Secretary of Labor and Employment, and the Chairman of the Commission
may designate special sheriffs and take any measure under existing laws to ensure
compliance with their decisions, orders or awards and those of the Labor Arbiters
and voluntary arbitrators, including the imposition of administrative fines which
shall not be less than P500.00 nor more than P10,000.00. (As amended by Section
13, Republic Act No. 6715, March 21, 1989).