(NAR) VOL. 21 NO.1/ JANUARY - MARCH 2010
WHEREAS, to expedite execution of judgments, it is deemed incumbent upon the interested parties to ascertain and establish that a decision sought to be executed is already final and executory;The above was published in The Philippine Star on 30 August 2009, and, in accordance with the provisions of law, will take effect fifteen (15) days from its date of publication, on 14 September 2009.
WHEREAS, there is likewise a need to prevent the frivolous and premature filing of motions for execution that serve to unduly clog the dockets of this Board as unnecessary incidents of the pertinent case;
WHEREFORE, BE IT RESOLVED, AS IT IS HEREBY RESOLVED, to amend Section 1, Rule XXI (Execution), of the 2004 Rules of Procedure of this Board, as follows:“RULE
XXI EXECUTION
Section 1. Execution of decision. – Execution shall issue only upon motion of an interested party upon a final order or decision. [save in cases where execution pending appeal is allowed by the Board of Commissioners.] A MOTION FOR EXECUTION SHALL BE ACCOMPANIED BY AN ENTRY OF JUDGMENT OR CERTIFICATE/ORDER OF FINALITY ISSUED BY THE REGIONAL OFFICE, THIS BOARD, THE OFFICE OF THE PRESIDENT, THE COURT OF APPEALS OR THE SUPREME COURT, AS THE CASE MAY BE.1
APPROVED. Quezon City, 31 July 2009