Ando v. Campo, G.R. No. 184007, February 16, 2011

FACTS: Paquito Ando (petitioner) was the president of Premier Allied and Contracting Services, Inc. (PACSI), an independent labor contractor. Andresito Campo and the other respondents were hired by PACSI as pilers or haulers. Respondents were dismissed from employment. Consequently filing a case for illegal dismissal and some money claims with the NLRC. The Labor Arbiter ruled in respondents’ favor. PACSI and Ando were directed to pay a total of P422,702.28 (for separation pay and award of attorney’s fees). PACSI and Ando appealed to NLRC, which affirmed the Labor Arbiter’s decision. Respondents moved for its execution. To answer for the reward, the NLRC acting sheriff issued a Notice of Sale on Execution of Personal Property over a property in the name of “Paquito V. Ando xxx married to Erlinda S. Ando.” Prompting Ando to file an action for prohibition before the RTC. Ando claims that the property belonged to him and his wife and not the corporation, and hence, could not be the subject of the execution sale. RTC denied the prayer for TRO and directed him to file a claim with the NLRC Sheriff. Instead, Ando filed a petition for certiorari before the CA. Ando argued that the property to be levied belonged to him – and his wife – in their personal capacity and thus the execution should not prosper. It was likewise denied.

ISSUE: WON the property owned by Ando and his wife could be levied for reason of a debt incurred by him, in his representative capacity and his company, PACSI.

HELD: No. The power of the NLRC to execute its judgment extends only to properties unquestionably belonging to the judgment debtor alone. Thus, a sheriff has no authority to attach the property of any person except that of the judgment debtor. The property in question belongs not only to Ando, but his wife as well. She stands to lose the property subject to execution without ever being a party to the case – which is tantamount to deprivation of property without due process.