PLJ volume 37 number 1 -01- Deogracias Eufemio

eventual abdication of its legislative prerogatives to the .Executive
who, under our Constitution, is already one of the strongest among
constitutional heads of state. To sanction such a procedure will be
to strike at the very root of the tri-departmental scheme of our
democracy."
2. T.he grant of authority to the W.C.C. to issue w?its of execution
is null and void.
In the case of Pastoral v. Commissione'I·S of the Workmen',';
Compensation Commission, ,et al.,80it appears that one Silvino Cervantes
:filed a claim with the W.C.C. for alleged injury while in
the employ of Pastoral, and obtained an award in his favor. The
award having become :final and executory, the Commission issued a
writ of execution addressed to the Sheriff who thereby advertisect
to sell the properties of Pastoral. Hence, Pastoral :filed this action
for certiorari and prohibition to restrain the Commission from executing
its decision. Petitoner contended that under Sec. 51 of the
Workmen's Compensaton Law,81 the W.C.C., by itself, has no author··
ity to enforce its award by issuing a writ of execution; that such
authority pertains only to the regular courts. Respondents, on the
other hand, relied on Sec. 12, Art. 3 of the Reorganization Plan
No. '20-A 82 which conferred upon the W.C.C. the authority to issue
writs of execution to enforce its awards or decisions which had become
final and executory.
The Supreme Court upheld petitioner's contention. It decided
tha:t the W.C.C. has no power to issue writs of execution to enforce
its awards or decisions. Under Sec. 51 of the Workmen's Compensation
Law, the interested party may :file in any court of record in
the jurisdiction of which the accident occurred, a certified copy of
10 G.R. No. L-12903, July 31, 1961_
B1 "Sec. 51. Enfrcementof award.-Any party in interest may file in any court of record
in the jurisdiction of which the accident occurred a certified copy of a decision of any referee
or the Commissioner, from which no· petition for review or appeal has been taken within
the time allowed therefor, as the case may be, or a certified copy of a memorandum of agreement
duly approved by the Commissioner, whereupon the Court shall render a decree or judg·
ment in accordance therewith and notify the parties thereof.
"'The decree or judgment shall have the same effect, and all proceedings in relation
thereto shall thereafter be the same as though the decree or judgment had been rendered in
a suit duly heard and tried by the Court, except that there shall be no appeal therefrom.
uThe Commissioner shall, upon application by the proper party or the court before which
such action is instituted, issue a certification that no petition for review or appeal within the
time prescribed by section forty-nine hereof has been taken by the respondent."
82 Eec. 12, Art. 3 of the Reorganization Plan No. 20-A provides:
"A decision of a Regional Office or of the Commission (W.C.C.) from which no appeal
has been taken, and which has become final and executory, shall be enforced like a final decision
of a court of justice by writ of execution issued by the Regional Administrator con·
cerned or by the Commission as the case may be, which writ of execution shall be carried out
by the Sheriff or other proper offidal in the same manner as writs of execution issued by
the court!'
Sec. I, Rule 11 of the Rules of the W.C.C. states: ~
"As soon as a decision, order or award has become final and executory, the Regional Administrator
or Commission, as the case may be, shall mO'tu proprio or on motion of the interested
party issue a writ of execution requiring the Sheriff or other proper officer to which
it is directed to execute said decision, order or award, pursuant to Rttle 39 of the Rules of
Court in the Philippines."