G.R. No. 70174 February 9, 1993
JOSE TIPAIT, SUBSTITUTED BY JOEL S. TIPAIT, MONTANO S. TIPAIT, JOSE S. TIPAIT, HELEN S. TIPAIT, EVELYN S. TIPAIT and BEATRIZ S. TIPAIT, petitioners, vs. HON. JUAN Y. REYES, REGIONAL TRIAL COURT JUDGE, 7th JUDICIAL REGION AND SPOUSES ANGEL C. VELOSO AND MILAGROS ESCANO VELOSO, respondents.

FACTS

On October 7, 1976, laborers filed a complaint for illegal dismissal, reinstatement with backwages, living allowance, and overtime pay against M.E. Veloso Enterprises and/or Milagros Escano Veloso and/or Angel Veloso (private respondents) before the Regional Office of the Department of Labor in Cebu. The Regional Director issued orders directing reinstatement and payment of overtime pay and emergency allowance. Private respondents appealed to the Minister of Labor, who dismissed the appeal. Their motions for reconsideration were denied, and the Deputy Minister directed the issuance of a writ of execution. Private respondents appealed to the Office of the President, which denied the appeal on August 18, 1985.
In the interim, the Regional Director issued a writ of execution on September 18, 1981. A notice of auction sale was issued for parcels of land belonging to private respondents. At the auction sale, petitioner Jose Tipait was the highest bidder, paying P100,000.00, and a certificate of sale was issued on December 19, 1981.
On September 28, 1981, private respondents filed a complaint for prohibition (Civil Case No. R-20975) before the Court of First Instance (now Regional Trial Court) of Cebu, praying that the Provincial Sheriff be restrained from enforcing the writ of execution and that the writ be annulled. On June 11, 1982, respondent Judge Juan Y. Reyes issued an order nullifying the public auction sale and the Certificate of Sale. Petitioner (substituted by his heirs) filed the present petition for certiorari, contending that the respondent court had no jurisdiction over Civil Case No. R-20975.

ISSUE

Whether the Regional Trial Court has jurisdiction over Civil Case No. R-20975, which seeks to annul a writ of execution and related auction sale issued in a labor case.

RULING

No. The Regional Trial Court has no jurisdiction over Civil Case No. R-20975. The petition is granted.
The subject matter of Civil Case No. R-20975 is an incident of a labor case. The complaint was essentially in the nature of a motion to quash the writ of execution issued in TFU Case No. 536, a labor case over which the Regional Director of the Department of Labor has original and exclusive jurisdiction pursuant to Article 217 of the Labor Code and Policy Instructions No. 6 of the Minister of Labor. The Supreme Court, citing Pucan vs. Bengzon, held that jurisdiction over a petition questioning the legality or propriety of a writ of execution and the acts of labor officials in implementing it, which grows out of a labor dispute, pertains to the Department of Labor and not the regular courts. The proper remedy for private respondents was to file a petition or motion before the Secretary of Labor, who retains control over the execution and implementation of a final decision of the Regional Director.
WHEREFORE, respondent court is ordered to DISMISS Civil Case No. R-20975 for lack of jurisdiction and all orders previously issued therein are ANNULLED and SET ASIDE. Costs against private respondents.