2/9/2018 MOA NLRC

MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This AGREEMENT entered into by and between:

The NATIONAL CONCILIATION AND MEDIATION BOARD (NCMB) represented by Acting

Executive Director ROSALINDA D. BALDOZ, with office address at the DOLE Building, Intramuros,
Manila;

and

The NATIONAL LABOR RELATIONS COMMISSION (NLRC), represented by Chairman

BARTOLOME S. CARALE, with office address at National Labor Relations Commission, PPSTA Bldg.,
Banawe, Quezon City.

WITNESSETH:

WHEREAS, Article 224 (a) of the Labor Code, as amended, provides among others, that the
voluntary arbitrator may, motu proprio or on motion of any interested party, issue a writ of execution,
requiring a sheriff or a duly deputized officer to execute or enforce final decisions, orders or awards of
the voluntary arbitrator or panel of voluntary arbitrators;

WHEREAS, Article 224 (b) of the Labor code, as amended, provides among others, that 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 of decisions of a voluntary arbitrator or panel of
voluntary arbitrators, among others;

WHEREAS, Article 262-A, as amended, provides that upon motion of any interested party, the
voluntary arbitrator or panel of voluntary arbitrators or the Labor Arbiter in the region where the movant
resides, in case of the absence or incapacity of the voluntary arbitrator or panel of voluntary arbitrators
for any reason, may issue a writ of execution requiring either the sheriff of the Commission or regular
courts or any public official whom the parties may designate in the submission to execute the final
decision, order or award.

WHEREAS, accredited voluntary arbitrators (AVAS) will, every now and then, need the
assistance of sheriffs or sheriff-designates in the execution of their decisions or awards.

NOW THEREFORE, in consideration of the foregoing premises, parties hereto mutually declare
and agree as follows:

1. That the NLRC and its Regional Arbitration Branches (RABs) shall make
available the services of their sheriffs and/or sheriff-designates in the enforcement of writ/s of
execution issued by an accredited voluntary arbitrator or panel of accredited voluntary
arbitrators;

2. That the writs of execution issued by AVAs, which shall contain the
dispositive portion of the decision/order or award to be enforced, shall be indorsed by the AVA to
the Executive Labor Arbiter (ELA) of the RAB having jurisdiction over the workplace of the
complainant/petitioner;

3. That the sheriff shall be guided by the NLRC Manual on Execution of

Judgment in the enforcement of the decision/award and that any amount collected or garnished
by virtue of the writ shall be deposited to the Cashier or the concerned NCMB Regional Branch
and shall be released only upon proper order of the AVA;

4. That the sheriff or sheriff-designate shall make his return to the AVA who
issued the writ, copy furnished the concerned ELA, within ten (10) days after the expiration of the
writ setting forth the whole proceedings undertaken in the enforcement of the writ;
http://ncmb.ph/VAP/FLAVAS/MOA_NLRC_Sheriffs.htm 1/2
2/9/2018 MOA NLRC

5. That the NLRC sheriffs or sheriff-designates shall be entitled to

reasonable traveling allowance as may be authorized by law or regulation and chargeable to the
account of the concerned Regional Branch of the National Conciliation and Mediation Board;

6. That parties to this agreement shall ensure the widest dissemination of

the terms of this Agreement to all concerned parties and sectors. They shall likewise ensure the
continuing professionalizat6ion of sheriffs and sheriff-designates.

This agreement shall take effect upon the signing hereof.

IN WITNESS THEREOF, the parties have hereunto affixed their signatures this 26th day of July
1996 at Manila, Philippines.

SIGNED SIGNED
ROSALINDA D. BALDOZ BARTOLOME S. CARALE
Acting Executive Director IV Chairman
National Conciliation and Mediation Board National Labor Relations Commission
Department of Labor and Employment Department of Labor and Employment

ATTESTED BY:

SIGNED
JOSE M. ESPANOL
Undersecretary
Department of Labor and Employment

Signed
LEONARDO A. QUISUMBING
Secretary
Department of Labor and Employment

http://ncmb.ph/VAP/FLAVAS/MOA_NLRC_Sheriffs.htm 2/2