SATISFACTION OF JUDGMENT BY REASON OF A WRIT OF EXECUTION WILL NOT RENDER A PETITION FOR CERTIORARI MOOT AND ACADEMIC

An employer, seeking a reversal of a decision rendered by the National Labor Relations Commission (NLRC) in favor of the worker, may file a Petition for Certiorari with the Court of Appeals.  However, unless, the Court of Appeals issues an injunctive relief, the execution of the decision in favor of the laborer is inevitable.  The Labor Arbiter can issue a Writ of Execution to compel the losing employer to pay the judgment award to the winning worker.

 

What happens to a pending Petition for Certiorari if the questioned judgment has already been satisfied by reason of a Writ of Execution?

 

The Philippine Supreme Court ruled that a Petition for Certiorari is not rendered moot and academic by an employer’s satisfaction of the judgment award in compliance with a Writ of Execution issued by the Labor Arbiter.  The payment of the judgment award by the losing employer does not require any obligation on the part of the winning worker, hence there is no “amicable settlement” between the parties that will render the pending Petition for Certiorari moot and academic.

 

(Seacrest Maritime Management Inc., et al. vs. Mauricio G. Picar, Jr., G.R. No. 209383, 11 March 2015)

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