Case Digest: Ando v. Campo, et al.

G.R. No. 184007 : February 16, 2011

PAQUITO V. ANDO, Petitioner, v. ANDRESITO Y. CAMPO, ET AL.,, Respondents.

NACHURA, J.:


FACTS:

Petitioner was the president of PACSI, an independent labor contractor. Respondents were hired by PACSI as pilers or haulers. They filed a case for illegal dismissal and some money claims with the National Labor Relations Commission (NLRC)

The Labor Arbiter ruled in respondents’ favor. To answer for the monetary award, NLRC issued a Notice of Sale on Execution of Personal Property over the property in the name of “Paquito V. Ando x x x married to Erlinda S. Ando.

Petitioner then filed an action for prohibition and damages with prayer for the issuance of a temporary restraining order (TRO) before the Regional Trial Court (RTC). Petitioner claimed that the property belonged to him and his wife, not to the corporation, and, hence, could not be subject of the execution sale. The RTC denied petitioner’s prayer for a TRO, holding that the trial court had no jurisdiction to try and decide the case. The CA affirmed the RTC Order.

Petitioner then filed the present petition seeking the nullification of the CA Decision. He argued that there was no indication in the body of the Decision that he was solidarily liable with the corporation.

ISSUE: Whether or not the CA erred in upholding the RTC Decision

HELD:

The petition is meritorious.

LABOR LAW: Execution


The power of the NLRC, or the courts, to execute its judgment extends only to properties unquestionably belonging to the judgment debtor alone. A sheriff, therefore, has no authority to attach the property of any person except that of the judgment debtor. Likewise, there is no showing that the sheriff ever tried to execute on the properties of the corporation.

Petition is GRANTED.

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