Practice question
After the Secretary resolves a DO 238 compliance appeal, the employer files a Rule 65 petition before the Court of Appeals and says execution automatically stops upon filing. No restraining order or injunction has issued. Which is correct under Rule IX?
- Every certiorari petition automatically stays execution.
- The employer may suspend execution by writing to its bank.
- The petition transfers enforcement to its own directors.
- The petition alone does not stay execution; the applicable appellate restraining order or injunction is required.
- Certiorari can never concern a compliance resolution.
Legal references
- Labor Code, DOLE consolidated 2022 edition, Articles 219, 258–260, 262–264, 274 and 278–279: https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/15242/PHL15242%202022.pdf; Articles 128–129.
- DOLE Department Order No. 238, series of 2023, original order text reproduced at Labor Law PH Library, Rules III, VIII–IX: https://library.laborlaw.ph/dole-department-order-no-238-series-of-2023/
- DOLE official issuance notice, DO 238-23, April 13, 2023: https://dole.gov.ph/news/department-order-no-238-23-rules-on-the-administration-and-enforcement-of-labor-standards-pursuant-to-article-128-of-the-labor-code-of-the-philippines-as-renumbered-and-republic-act-no.-11058/
Answer this question in flashcards to review your response and continue practicing.