FACTS: The Labor Arbiter rendered a decision awarding separation pay and backwages to the respondents and no appeal was filed therefore the decision became final and executory. The LA then issued a writ of execution but it was returned unsatisfied. He then issued an alias writ of execution to which the petitioner filed a motion to quash, arguing that the writ changed the liability by making the petitioners’ solidarity liable instead of joint by adding and/or to the writ. The NLRC upheld the validity of the writ saying that according to the facts, they are solidarity liable and that they may waive any error, defect or irregularity in any proceeding before them.
ISSUE: Whether or not the liability of the petitioner is solidarity or joint.
HELD: The Court held that since the dispositive potion of the LA’s decision failed to state that the liability was solidary, it should be joint. Solidary liability cannot be lightly interfered. Once the decision becomes final and executory it is removed from the jurisdiction of the body rendering the decision. The LA can no longer amend the decision. The liability is only joint.
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