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Philippine Bar review · Question

Practice question: Reinstatement or Execution Pending Appeal (Rule XI)

Multiple Choice Hard

Practice question

A reinstatement writ is ignored. The employer files a motion to quash and tells the sheriff filing alone halts execution and eliminates wages accrued from non-reinstatement. No restraining order or other limiting event is present. Which is correct?
  1. Section14 does not give an automatic stay, and Section13 addresses accrued reinstatement salaries
  2. The motion automatically pays all wages
  3. A pending motion always cancels the writ
  4. The employer may erase the accrued amount by filing
  5. Only the sheriff’s preference controls enforceability

Legal references

  • 2025 NLRC Rules of Procedure, official issued PDF: https://nlrc.dole.gov.ph/uploads/content/The%202025%20NLRC%20Rules%20of%20Procedure.pdf RuleXI Sections6,13–14, printed pages35,37–38, visually read.

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