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Industrial Management International Development

Corp. (INIMACO) vs National Laabor Relations

Commission, Cebu City, and Enrique Sulit, Socorro
Mahinay, Esmeraldo Pegarido, Tita Bacusmo, Gino
Niere, Virginia Bacus, Roberto Nemenzo, Dario Go,
and Robert Alegarbes
331 Scra 640
Private respondents filed a complaint with the Department of Labor
and Employment against Filipinas Carbon Mining Corporation, Gerardo
Sicat, Antonio Gonzales, Chin Chin Gin, Lo Kuan Chin, and petitioner
Industrial Management Development Corporation (INIMACO), for
payment of separation pay and unpaid wages.
The decision of the Labor Arbiter held that respondents Filipinas
Carbon and Mining Corp., Gerardo Sicat, Antonio Gonzales/INIMACO,
Chiu Chin Gin and Lo Kuan Chin to pay complainants Enrique Sulit,
Esmeraldo Pegarido, Roberto Nemenzo and Dario Go to be deposited
with the Commissionwithin 10 days from receipt of the Decision. All
other claims were dismissed.
Since no appeal was filed within the reglementary period, the
Decision of the Labor Arbiter became final and executor. The Labor
Arbiter then issued a writ of execution but was returned unsatisfied.
The Labor Arbiter then issued an Alias Writ of Execution commanding
the complainants to proceed to the premises of respondents to collect
and turn over the ordered amount. Should a failure to collect the said
amount in cash be encountered, they were authorized to cause the
satisfaction of the same on the movable or immovable property(s) of
respondent not exempt from execution.
Petitioner then filed a Motion to Quash Alias Writ of Execution and set
aside the Decision alleging that the alias writ of execution altered and
changed the decision by changing the liability of therein respondents
from joint to solidary. The motion was denied by the lAbor Arbiter.
The petitioner then filed and appeal and the NLRC dismissed the
appeal holding that the Writ of Execution be given due course in all
A Motion to Compel Sheriff to Accept Payment representing one sixth
pro rate share of petitioner as full and final satisfaction of judgment.

The private respondents opposed the motion and the Labor Arbiter
denied the motion ruling that the amount offered by INIMACO is to be
accepted by the Sheriff as partial satisfaction of the judgment and to
proceed with the enforcement of the Alias Writ of Execution.
An appeal was again filed to the NLRC which was consequently denied
ruling that INIMACO would reopen the issue which was already resolved
against it thus, not keeping with the established rules of practice and
procedure to allow the attempt of INIMACO to delay final disposition of
the case.
Whether or not petitioners liability is solidary or not.
The court held, NO. INIMACOs liability is not solidary but merely joint
and that the respondent NLRC acted with grave abuse of discretion in
upholding the Alias Writ of Execution.
A solidary or joint and several obligation is one in which each debtor is
liable for the entire obligation, and each creditor is entitled to demand the
whole obligation. In a joint obligation each obligor answers only for a part of
the whole liability and to each obligee belongs only a part of the correlative
Well-entrenched is the rule that solidary obligation cannot lightly be
inferred. There is a solidary liability only when the obligation expressly so
states, when the law so provides or when the nature of the obligation so