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Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

After the NLRC acts, a party files a petition in the Court of Appeals and claims that the filing alone freezes execution. The court has issued no restraining order. What does Rule XI section5 provide?
  1. A court petition always stays execution automatically
  2. Execution stops if the party calls the petition urgent
  3. The petition does not stay execution unless the Court of Appeals or Supreme Court issues a restraining order
  4. A lawyer’s notice to the sheriff is equivalent to a court order
  5. Only the employer may decide whether execution continues

Legal references

  • https://nlrc.dole.gov.ph/uploads/content/The%202025%20NLRC%20Rules%20of%20Procedure.pdf — 2025 NLRC Rules, Rule V section19 and Rule XI sections4–5,13–14; printed pages 15,35,37–38: immediate reinstatement, report, enforcement and stays.
  • https://lawphil.net/statutes/repacts/ra1989/ra_6715_1989.html — RA 6715 section12, Labor Code Article 223 now229: immediate reinstatement pending appeal, employer option and bond does not stay reinstatement.

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