Delta Ventures Resources Inc. vs Hon. Cabato

Petitioner Dela Ventures filed a third-party claim before the NLRC prior to the auction sale, and the Labor Arbiter issued an order directing the suspension of the auction sale until the merits of petitioner's claim has been resolved, But barely a month after, the petitioner filed with the RTC a complaint for injuction and damages with a prayer for TRO, reiterating the same allegations in the third-party claim.

Whether or not a complaint filed at the Regional Trial Court to quash the writ of execution issued by the Labor Arbiter may prosper?

No. Jurisdiction, once acquired, is not lost upon the instance of the parties but continues until the case is terminated. Whatever irregularities attended the issuance and execution of the writ of execution should be referred to the same administrative tribunal who rendered the decision. This is because any court which issued a writ of execution has the inherent power for the advancement of justice, to correct errors of its ministerial officers and to control its own processes.

Petitioner should have filed its third-party claim before the Labor Arbiter, from whom the writ of execution originated before instituting the civil case at RTC.