These provisions are the quintessence of the aspirations of the workingman for recognition of his role in the social and economic life of the nation, for the protection of his rights, and the promotion of his welfare. NLRC, (200 SCRA 246): “The law itself has laid down a compassionate policy which, once more, vivifies and enhances the provisions of the 1987 Constitution on labor and the workingman. 19, 33-34).Įxecution pending appeal was explained by the Supreme Court in Aris (Phil.) Inc. Just as a losing party has the right to file an appeal within the prescribed period, so does the winning party have the correlative right to enjoy the finality of the resolution of the case. Ī party may already move for the execution of the monetary award of the NLRC/NCMB even during the pendency of the petition for certiorari with the Court of Appeals or the Supreme Court unless a restraining order is issued by said courts.

Once a judgment has become final, the prevailing party can have the judgment executed as a matter of right.

The Rules of Procedure of the National Labor Relations Commission and the National Conciliation and Mediation Board follow the Labor Code in stating that the decision of the NLRC Commissioners or the NCMB Voluntary Arbitrator/Panel, which is subsequently upheld or modified following the filing of a Motion for Reconsideration, is “final and executory” after 10 calendar days from receipt thereof by the parties. As a result, the CHR noted that many of them enter into amicable settlements and accept payment much less than what they are legally entitled to under the law.

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