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1) when the writ of execution varies the judgment;
2) when there has been a change in the situation of the parties
making execution inequitable or unjust;
3) when execution is sought to be enforced against property
exempt from execution;
4) when it appears that the controversy has never been
submitted to the judgment of the court;
5) when the terms of the judgment are not clear enough and
there remains room for interpretation thereof; or,
6) when it appears that the writ of execution has been
improvidently issued, or that it is defective in substance, or is
issued against the wrong party, or that the judgment debt has
been paid or otherwise satisfied, or the writ was issued without
authority;
None of these circumstances exist to warrant quashal thereof."[15]
After the NLRC denied their motion for reconsideration on June 10, 2011,[16] the
respondents brought their petition for certiorari in the CA, submitting that the NLRC
committed grave abuse of discretion in dismissing their appeal and denying their
motion for reconsideration.
Decision of the CA
On November 28, 2011, the CA promulgated the assailed decision granting the
respondents' petition for certiorari,[17] to wit:
WHEREFORE, in the light of all the foregoing, the petition is GRANTED.
The assailed decision dated May 9, 2011 and Resolution dated June 10,
2011, respectively, promulgated by the National Labor Relations Commission
(Sixth Division) in NLRC LAC No. (M) 02-000102-11; NLRC Case No. 0405764-10, are hereby REVERSED. Likewise, the Decision of the Labor
Arbiter dated October 29, 2010 is hereby ANNULLED and SET ASIDE. The
complaint of private respondent dated June 15, 2010 is DISMISSED for lack
of merit. Accordingly, private respondent Wilfredo P. Asayas is ordered to
RETURN/REIMBURSE to the petitioners all amounts (P1,079,320.03)
received from petitioners to earn legal interest of twelve (12%) per annum
from date of receipt until fully paid.
SO ORDERED.[18]
The CA explained its grant of the respondents' petition for certiorari in the following
manner:
This Court is constrained to probe into the attendant circumstances as
appearing on record in view of the peculiar circumstances surrounding the
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