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?
- A court petition always stays execution automatically
- Execution stops if the party calls the petition urgent
- The petition does not stay execution unless the Court of Appeals or Supreme Court issues a restraining order
- A lawyer’s notice to the sheriff is equivalent to a court order
- 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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