Rule 39 Execution, Satisfaction and Effect of Judgement (Rule 39)

Rule 39
EXECUTION, SATISFACTION AND EFFECT OF JUDGEMENT (RULE 39)

 Execution is a remedy afforded by law for the enforcement of a judgment.
Its object is to obtain satisfaction of the judgment on which the writ is
issued. It issues by order of the court a quo, on motion of the judgment
oblige, upon the finality of the judgment or order sought to be enforced.
(Cagayan de Oro Coliseum, Inc. vs. Court of Appeals, 320 SCRA 731, G.R.
No. 129713, December 15, 1999)
Sec. 1, Rule 39
 Execution shall issue as a matter of right, on motion, upon a judgment or
order that the disposes of the action or proceeding upon the expiration of
the period to appeal therefrom if no appeal has been duly perfected.
 If the appeal has been duly perfected and finally resolved, the execution
may forthwith be applied for in the court or origin, on motion of the
judgment oblige, submitting therewith certified true copies of the judgment
or the judgments or final order or orders sought to be enforced and of the
entry thereof, with notice to the adverse party.
 The appellate court may, on motion in the same case, when the interest of
justice so requires, direct the court of origin to issue the writ of execution.
 It is a consistent practice that once a judgment has become final and
executory, a writ of execution is issued as a matter of course, in the
absence of any order restraining its issuance under Sec. 1, Rule 39 of the
Rules of Court.
 Just as a losing party has the right to file an appeal within the prescribed
period, the winning party also has the correlative right to enjoy the finality
of the resolution of his case by the execution and satisfaction of the
judgment, which is the “life of the law.”
 Orders of execution are not appealable. Hence the proper remedy is to file
a special civil action of certiorari via Rule 65.
 Even if the execution is a matter of right the court cannot issue the writ of
execution motu propio.
 When execution is a matter of right, notice to adverse party is required
even when no appeal was made. (2020 Rules)
 When execution is a matter of right, motion for the issuance of a writ of
execution need not set for hearing for being a non-litigious motion.
When can the court refuse to issue writ of execution by way of exception?
As a rule, once the judgment or order become final and executory, the court cannot
refuse to issue a writ of execution , except:
1. When subsequent facts and circumstances transpire which render such execution
unjust or impossible, such as a supervening cause like the act of the Commission of
the Civil Service finding the plaintiff administratively guilt and which constituted a
For Civil Procedure Class ( AY 2020-2021) use only.

bar to his reinstatement as ordered by the trial court in a civil case (Butuan City vs.
Ortiz, el al., G.R. No. L-18054, December 22, 1961), or where the defendant bank
was placed under receivership (Lipan vs. Devs. Bank of Rizal, G.R. No. 73884,
September 24, 1987)
2. On equitable grounds, as when there has been a change in the situation of the
parties which makes execution inequitable (Albar v. Carandang, G.R. No. L- 18003,
September 29, 1962; Heirs of Guminpin vs. CA, et al., G.R. No. L-34220, February
21, 1983; Luna vs. IAC, et al., G.R. No. 68374, June 18, 1985);
3. Where the judgment has been novated by the parties (Fua Cam Lu vs. Yap Frauco,
74 Phil. 287; CF Zapanta vs. De Rotaeche, 21 Phil 154; Salvante vs. Cruz, G.R. No.
L- 2531 February 18, 1951; Dormitorio vs. Fernandez, et al., G.R, No. L- 25889,
August 21, 1976)
4. When the petition for relief or an action to enjoin the judgment is filed and a
preliminary injunction is prayed for and granted (Sec. 5, Rule 38);
5. Where the judgment has become dormant, the five year period under Sec. 6 of this
Rule having expired without the judgment having been received (Cunanan vs. CA,
G.R. No. L- 25511, September 28, 1968);
6. Where the judgment turns out to be incomplete (Del Rosario vs. Villegas, 49 Phil.
634; Ignacio, et al., vs. Hilario, et al., 76 Phil. 605) or is conditional (Cu Unjieng,
etc. vs. Mabalacat Sugar Co., 70 Phil. 380) since, as a matter of law, such
judgments cannot become final.
 No court should interfere, by injunction or otherwise, to restrain such execution,

except when there are facts and circumstances rendering execution unjust, and
when there is a change in the situation that may warrant injunction.
 Motion for issuance of writ of execution is a non-litigious motion under Sec. 4,
Rule 15 of the 2019 Amendments to the 1997 Rules on Civil Procedure which shall
not be set for hearing and shall be resolved by the court within five (6) calendar
days from receipt thereof.
 Finality of judgment for purposes of appeal refers to a judgment which completely
disposes of a case whereas finality of judgment for purposes of execution refers to
a judgment where the period to appeal therefrom has expired without any appeal
being duly perfected or where an appeal has been duly perfected but finally
resolved.
 No judgment debtor need not be given advance notice of the application for
execution nor he afforded prior hearing, and it does not constitute an infringement
of the constitutional guarantee of due process.
 The prevailing party is entitled to a writ of execution, the issuance of which is the
trial court’s ministerial duty.
 A writ of mandamus lies to compel judge to issue a writ of execution when the judgment
has already become final and executor and the prevailing party is entitled to the same as a
matter of right.
 It was ruled that even in judgments which are immediately executory, “there must be a
motion to that effect and a hearing called for the purpose.” Also, “under Supreme Court

Circular No. 24-94, a motion for the issuance of a writ of execution must contain a notice
to the adverse party
 A motion for the issuance of a writ of execution shall contain a notice to the
adverse party. A motion which does not contain a notice of hearing, of the time
and place for the hearing of the motion, as required by Secs. 4 and 5 of Rule 15 of
the Rules of Court, is a worthless piece of paper which the clerk has no right to
receive and which the court has no authority to act upon
 Generally, execution can issue only against a (losing) party to the case" and not
against one who is a complete stranger because majority of judgments are in
personam. They are only enforceable against the parties themselves or their
successors-in-interest – people who derive their rights from him. And a judgement
can never be enforced against a complete stranger who never had his day in court.
(Cruzcosa vs. Concepcion, 101 Phil. 146; Castañeda vs. De Leon, 55 O.G. 625, Jan. 26,
1959; Bacolod vs. Enriquez, 55 O.G.10545, Dec. 21, 1959)
 Where the judgment is novated by agreement between the judgment oblige and obligor,
the judgment may no longer be enforced.
 The writ of execution must conform to the dispositive portion of the decision
to be executed and the execution is void if it is in excess of and beyond the
original judgment or award for it is a settled general principle that a writ of
execution must conform strictly to every essential particulars of the
judgment promulgated (Ex-Bataan Veterans Security Agency, Inc. vs. N:LRC 250
SCRA 418; Equatorial Realty Development Inc. vs. Mayfair Theatre Inc. 332
SCRA 139; Banquerigo vs. CA GR 164633 August 7, 2006).
 Thus, if the judgment does not provide for the payment of interest, the writ
of execution cannot modify the judgment by requiring the judgment obligor
to pay interest. That part of the writ imposing interest is void (Solidbank
Corp. vs. CA 379 SCRA 159).
 “While the rule is that a stay of execution of a final judgment may be
authorized if necessary to accomplish the ends of justice, as for instance,
where there has been a change in the situation of the parties which makes
such execution inequitable, nevertheless the said rule cannot be invoked
when the supposed change in the circumstances of the parties took place
while the case was pending, for the reason that there was then no excuse
for not bringing to the attention of the court the fact or circumstance that
affects the outcome of the case.”
 We are of course well aware of the rule authorizing the court to modify or
alter a judgment even after the same has become executory, whenever
circumstances transpire rendering its execution unjust and inequitable.
However, this rule, we must emphasize, applies only to cases where the facts
or circumstances authorizing such modification or alteration transpired after
the judgment has become final executory.”
Can one court by injunction or restraining order stop the execution of a

judgment of another court?
NO, because that will amount to interference.

EXCEPTIONS:
1.) Rule 38, Section 5, (Petition for Relief from Judgment):

2.) When there is an action for annulment of judgment of the RTC filed in the CA.
What are the classes of execution under the law?
As to their nature:
1.) COMPULSORY execution (Execution as a Matter of Right (Section 1)
What are the conditions for compulsory execution?
The following are the conditions:
A. FIRST CONDITION: It is a judgment or an order that has disposed
already of the action or proceeding;
B. SECOND CONDITION: The period to appeal has expired and no appeal
has been filed/taken from the judgment. In other words it has already
become final and executor.
2.) DISCRETIONARY execution ( Execution Pending Appeal (Section 2)
As to how it is enforced (Section 6):

1.) EXECUTION BY MOTION
2.) EXECUTION BY INDEPENDENT ACTION
 Once a judgment becomes final and executory, the prevailing party can have
it executed as a matter of right, and the issuance of a writ of execution
becomes the ministerial duty of the court (Buaya vs. Stronghold
Insurance Co., Inc. 342 SCRA 576). Once a decision becomes final and
executory, it is the ministerial duty of the presiding judge to issue a writ
of execution except in certain cases, as when subsequent events would
render execution of judgment unjust (Mangahas vs. Paredes GR 157866
February 14, 2007).
May the court refuse to execute a judgment on the ground that the judgement was
wrong or erroneous?
NO, because it is a matter of right and the issuance of the corresponding
writ of execution upon a final and executory judgment is a ministerial duty of the
court to execute which is compellable by mandamus. (Ebero vs. Cañizares, 79 Phil.
152)
What is the nature of an order of execution?

An order of execution is not appealable under Sec. 1, Rule 41, which can be the
subject of a special civil action under Rule 65.
When the terms of the judgment are not clear is to file a motion to quash with of
execution, and in case of denial file a petition for prohibition under Sec. 2, Rule 65.
When is execution a matter of right? A

In the following:
1.) Section 1, paragraph 1 – no appeal; judgment becomes final;
2.) Section 1, paragraph 2 – there is an appeal; once the CA judgment
becomes final;
3.) Section 4 – Judgment in an action for injunction, receivership,
accounting, support, judgment declared to be immediately executory; and
4.) Rule 70 – Judgments in Forcible Entry and Unlawful Detainer cases.
 If the judgment does not alter the doing of something or the payment of
money even if the same is a final order or judgment, the concept of
execution does not apply. Examples: a judgment dismissing a case without
pronouncement as to damages and costs; judgment in an injunction case
which orders the defendant not to do an act or a judgment declaring a
contract null and void; in land registration cases, after the ownership has
been proved and confirmed by judicial declaration, no further proceeding to
enforce said ownership is necessary except when the adverse or losing party
had been in possession of the land and the winning party desires to oust
him.
Read
Borgonia vs. Decano 317 SCRA 660)
Greater Metropolitan Manila Solid Waster Mgt Comm vs Jancom
GR No 163663
Arroyo vs CA, April 10, 2019
Lou vs. Siapno 335 SCRA 181
Ting v Heirs of Lirio, GR No. 168913, March 14, 2007
Pallada vs. RTC of Kalibo, Aklan Br. 1 304 SCRA 440
PHIL. VETERANS BANK (PVB) vs. IAC 178 SCRA 645
SAMPAGUITA GARMENTS CORP. vs. NLRC 233 SCRA 260
VALENZONA vs. COURT OF APPEALS 226 SCRA 36
ABOITIZ vs. TRAJANO 278 SCRA 387 [1997]
PELAYO vs. COURT OF APPEALS 230 SCRA 606
Sec.2, Rule 39
What are the requirements in order that execution pending appeal can be
made?
Execution of a judgment or final order pending appeal may be ordered by the court
subject to its discretion, even before the expiration of the period to appeal subject to
the following conditions:
1. On motion of the prevailing party;
2. With notice to the adverse party filed in the trial court while it has jurisdiction over
the case; and
3. It is in the possession of either the original record o the record on appeal, as he
case may be, at the time of the filing of such motion, said court may, in its
discretion order execution of a judgment or final order even before the expiration
of the period to appeal.

 Execution pending appeal is the exception to the general rule, and the court’s
discretion in allowing it must be strictly construed and firmly grounded on the
existence of good reasons.
 The court’s discretion in allowing execution pending appeal must be strictly
construed and firmly grounded on the existence of good reasons.
 The execution of a judgment pending an action in a higher court essentially
challenging its finality cannot be deemed an abandonment of that action.
a) Court which can Order Execution Pending Appeal:
The motion for execution pending appeal may be filed the appellate court.
Prior to transmittal of records of the case, the trial court does not lose
jurisdiction over the case and in fact, may issue an order for execution pending
appeal [under] Sec. 9, Rule 41 of the Rules of Court.
 Despite the filing of a petition with the CA, however, Rule 42 grants the RTC
residual jurisdiction to order execution pending appeal, so long as (1) the CA
has not yet given due course to the petition, and (2) the requirements of Sec.
2, Rule 29 are observed.
 Discretionary execution may only issue upon good reasons to be stated in a
special order after due hearing.
 The existence of “good reason” for the immediate execution of a judgment is
an indispensable requirement as this is what confers discretionary power on a
court to issue a writ of execution pending appeal.
b) Several, Separate or Partial Judgment
A several, separate, or partial judgment may be executed under the same

terms and conditions as execution of a judgment or final order pending
appeal.
c) Instances Where Execution pending Appeal is not Allowed:
 Posting of a bond to answer for damages is not a sufficient reason to allow
execution pending appeal.
 execution pending appeal is not applicable in a land registration proceeding.
 the court rules that discretionary execution of judgments pending appeal
under Sec. 2 (a) of Rule 39 does not apply to eminent domain proceedings.
 execution pending appeal of award of moral and exemplar y damages, and
attorney’s fee is not allowed.
Note
The following are the requisites for discretionary execution:
1.) There must be a motion filed by the prevailing party with notice to the
adverse party;
2.) There must be a hearing of the motion;
3.) There must be good reasons to justify the discretionary execution; and
4.) The good reasons to execute must be stated in a special order after due

hearing (Mancenido vs. CA 330 SCRA 419; Geolistics Inc. vs. Cateway Electronics,
GR 174256-57, March 25, 2009).
 Good reasons which would justify discretionary execution referred to those which
constitutes superior circumstances demanding urgency which will outweigh the
injury or damages should the losing party secure the reversal of the judgment.
 Financial distress of the prevailing party which is a corporation( since it still has
other alternative remedies like loan, internal cash generation to address financial
condition) cannot be considered as a good reason for granting execution pending
appeal.
 The ground that the appeal is dilatory and that the bond was not sufficient cannot
be considered as good reasons for the issuance of discretionary execution.
 Awards of moral damages, exemplary damages and attorney’s fees cannot be the
subject of execution pending appeal.( the amounts are still uncertain and
indefinite)
 The trial court cannot grant a motion for execution pending appeal if there is a
pending motion for reconsideration of its judgment because the judge, if finds MR
meritorious, may still reverse its decision.
What will happen if there are no good reasons?

The writ of execution is void because it does not state why you are executing a
judgment. (AFWU vs. Estipona, L-17934, Dec. 28, 1961)
Sec. 3, Rule 39
 Discretionary execution issued under the preceding section may be stayed subject
to the following conditions, to wit:
1. Upon approval by the proper court of a sufficient supersedeas bond filed by
the party against whom it is directed;
2. Conditioned upon the performance of the judgment or order allowed to b
executed in case it shall be finally sustained in whole or in part;
3. The bond thus given may be proceeded against on motion with notice to the
surety.
Note
GENERAL RULE:
When a defendant puts up a supersedeas bond, the court shall recall
the execution pending appeal because discretionary execution is the
exception rather than the general rule.
EXCEPTION:
Notwithstanding the filing of the supersedeas bond by the appellant,
execution pending appeal may still be granted by the court IF THERE ARE
SPECIAL AND COMPELLING REASONS justifying the same outweighing the
security offered by the supersedeas bond. (De Leon vs. Soriano, 95
Phil. 806) ( judgment for support)

Sec. 4, Rule 39
The following judgments shall not be stayed by an appeal, unless otherwise
ordered by the court, as follows, to wit:
1. In an action for injunction;
2. Receivership;
3. Accounting;
4. Support; and
5. Such other judgments as are now may be here after be declared to be
immediately executory, shall be enforceable after their rendition and shall not
be stayed by an appeal taken therefrom.
6. Section 19, Rule 70, Section 21, Rule 70, Section 21, Rule on Summary
Procedure, Section 6, Rule 68, Section 11, Rule 70, Section 11, Rule 67, Section
2, Rule 5, rules of procedure for environmental cases)
 Judgments in actions for injunction are not stayed by appeals in taken therefrom.
 On appeal therefrom, the appellate court in its discretion may take an order
suspensing, modifying, restoring or granting the injunction, receivership,
accounting or award of support.
 The stay of execution shall be upon such terms as to bond or otherwise as may be
considered proper for the security or protection of the rights of the adverse party.
 The judgment for the Regional Trial Court in an appealed case for forcible entry or
unlawful detainer shall be immediately executory, without prejudice to a further
appeal that may be taken therefrom.
 Immediately executory judgment may be appealed but the appeal does not stay
the execution of the judgment or final order whereas judgment or final order which
is immediately final and executory may not be appealed.
 The following are judgments/ final orders whch are immediately final and
executory:
1. Judgmnets in summary judicial proceedings in the Family Code;
2. Judgments for Direct contempt;
3. Compromise judgments;
4. Judgments in cases covered by Rules on Small Claims Cases
Read
Inutan vs Napar Contracting and Allied Services, November 25, 2015
Sec. 5, Rule 39
 Where the executed judgment is reversed totally or partially, or annulled, on
appeal or otherwise, the trial court may, on motion, issue such orders of
restitution o reparation of damages as equality and justice may warrant under
the circumstances.
 if the writ of execution was manifestly void is it without any legal effect, and it
is as if no writ was issued at all, and consequently, all actions taken pursuant to

the void writ of execution must be deemed to have not been taken and to have
had no effect.
Read
HOME INSURANCE CO. vs. COURT OF APPEALS 184 SCRA 318
PB COM. vs. COURT OF APPEALS 279 SCRA 364 [Sept. 23,
1997]
PHILIPPINE NATIONAL BANK vs. PUNO 170 SCRA 229
RCPI vs. LANTIN 134 SCRA 395
Note
You can file your motion for execution pending appeal before:
1.) TRIAL COURT - while it has jurisdiction over the case and the court is still in
possession of the records of the case; (2.) the court still is in possession of the
records of the case( original record or record on appeal).
2.) APPELLATE COURT – after the trial court has already lost jurisdiction, the motion
for execution pending appeal may already be filed in the appellate court.
 When does court lose jurisdiction?
In appeals by notice of appeal, the trial court loses juridction over the case
of: Upon perfection of the appeal filed in due time and upon expiration of
the time to appeal of the other parties;
In appeals by record on appeal, the trial court loses jurisdiction over the
subject matter of the record on appeal: upon approval of the record on
appeal filed in due time and upon expiration of the time to appeal of the
other parties.
Sec. 6, Rule 39
 A final and executory judgment or order may be executed on motion within

five years from the date of its entry.
 After the lapse of such time, and before it is barred by the statute of
limitations, a judgment may be enforced by an independent action.
 The revived judgment may also be enforced by motion within five years
from the date of its entry.
The two (2) modes of enforcing a judgment are as follow:

1. by motion within five (5) years from entry of judgment, or
2. independent action after the lapse of the said period and before it is barred by
the statute of limitation.
 Alias writ of execution is one issued in lieu of the original writ of execution that had
already lapsed.
 The writ of execution remains effective during the period within which the
judgment may be enforced by motion( within 5 years from the entry thereof).

Hence, during the 5 year period the issuance of alias writ of execution is no longer
needed.
 If the 5 year period lapsed, the judgment may no longer enforced by motion and
any motion for the issuance of an alias writ of execution should be denied. The
party’s remedy is to file an action for revival of judgment.
What is the purpose of the law in prescribing time limitations for

enforcing judgment or actions?
The purpose of the law in prescribing time limitations for enforcing judgment or
actions is to prevent obligors from sleeping on their rights.
How can execution be made within five (5) years?
Once a judgment becomes final and executor, the prevailing party can have it
executed as a matter of right by mere motion within five (5) years from the date of
entry of judgment.
What are the acts to be accomplished by the judgment creditor in order
that execution by motion be valid?
The judgment creditor must ensure the accomplishment of two acts within the five-
year prescriptive period which are the filing of the motion for the issuance of the
writ of execution, and the court’s actual issuance of the writ.
What are the excluded periods in computing the time for enforcing the
judgment?
Any interruption or delay occasioned by the debtor will extend the time within
which the writ may be issued without scire facias, such as by agreement of the
parties for a definite time, by injunction, by the taking of an appeal or writ of error
so as to operate as a supersedeas, by the death of a party or otherwise.
 The five (5) year period may be extended when there is a delay caused by the
actions of the judgment obligor for his benefit or advantage.
What is the remedy in case the judgment is not enforce within five (5)
years from finality?
As mandated by Sec. 6, Rule 39, if the prevailing party fails to have the decision by
a motion after the lapse of five years, the said judgment is reduced to a right of
action which must be enforced by the institution of a complaint in a regular court
within 10 years from the time the judgment becomes final.
What is the revival judgment?
A remedy to enforce judgment by means of the institution of a complaint in the
regular form, not for the purpose of reexamining and retrying issues already
decided upon, but for the purpose of reviving and enforcing the judgment originally

issued by the court. (Philippine National Bank vs. Paguio, SP- 05947, November 8,
1985)
Correlate with Articles 1144-1152, NCC
 An action for revival of judgment is no more than a procedural means of securing
the execution of a precious judgment which has become dormant after the passage
of five (5) years without it being executed upon motion of the prevailing party.
 As an action to revive judgment raises issue of whether the petitioner has a right
to have the final and executory judgment revived and to have the judgment
enforced, therefore, the subject matter is one incapable of pecuniary estimation
falling within the exclusive original jurisdiction of the RTC pursuant to Ser. 19 of
B.P. 129.
 If the action for revival of judgment affects title to or possession of real property,
or interest therein, then it is a real action that must be filed with the court of the
place where the real property is located, and it is then a personal action that may
be filed with the court of the place where the plaintiff or defendant resides.
Sec. 6, Rule 39
 The rule on execution by motion or by independent action under Sec. 6, Rule 39
applies only to civil actions and not to special proceedings.
Note
 Section 6, Rule 39 applies only to ordinary civil actions
 Section 6, Rule 39 does not apply to special proceedings like land registration cases
and cadastral cases since the right to apply for a writ of possession is
imprescriptible.
 Section 6, Rule 39 does not apply to ex parte petition for the issuance of the writ of
possession since the same is not considered as in the nature of civil action
governed by the rules of civil procedure.
 An action for revival of judgment is not intended to reopen any issue affecting the
merits of the judgment debtor’s case nor the propriety or the correctness of the
first judgment. It is a new and independent action wherein the cause of action is
the decision itself and not the merits of the action upon which the judgment
sought to be enforced is rendered (Juco vs. Heirs of Tomas Siy Chung Fu GR
150233 February 16, 2005; Saligumba vs. Palanog, supra). It is an “original action,
not a mere incident of the primitive suit or a mere auxiliary or supplemental
remedy” (Aldeguer vs. Gemelo 68 Phil. 421).
 The purpose of the new action is not to reexamine and retry issues already
decided and the cause of action of this new action is the judgment to be revived
and no identity of causes of action can be said to exist between the first and the
second actions (Caina vs. CA GR 114393 Dec. 14 1994). The consideration of any issue
affecting matters that could have been raised in the previous case must be deemed
as definitely foreclosed (Phil. Reconstruction Corp. Inc. Vs. Aparente 45 SCRA 217).
 Dormant judgment is one that has not been enforced/ executed by motion within 5

years after its entry
 How will you enforce a dormant judgment?

File another civil action for revival of judgment(execution by independent
action)which must be filed before it is barred by the statute of limitations before the
Regional Trial Court( depends on the location of the real property, if real action or
residence of the prties at the option of the plaintiff, if personal action).
 A revived judgment is deemed a new judgment separate and distinct from
the original judgment. It is not a continuation of the original judgment.
Hence, it need not be filed before the same court which rendered the
judgment sought to be revived. The action to revive the judgment is a new
action and results in a new judgment constituting a new cause of action with
a new period of limitation. Hence, the ten (10) year period to revive the
revived judgment shall commence to run from the date of the finality of the
revived judgment and not from the date of finality of the old, original
judgment (PNB vs. Bondoc 14 SCRA 770).
While this ruling was abandoned in PNB vs. Deloso 23 SCRA 266 and Luzon
Surety Co. Inc. vs. IAC GR 72645 June 30, 1987, which held that the ten-year
period should run from the finality of the original judgment and not from the
finality of the revived judgment, the ruling in Bondoc was resurrected in the
present provision of Section 6 which declares in its last sentence that “The
revived judgment may also be enforced by motion within five (5) years from
the date of its entry and thereafter by action before it is barred by the
statute of limitations.”
The SC had long ago ruled that after the lapse of five (5) years, the
judgment “is reduced to a mere right of action in favor of the person whom
it favors which must be enforced, as are all ordinary actions, by the
institution of a complaint in the regular form” (Compana General de Tobacos
vs. Martinez and Nolan 29 Phil. 515; Aldeguer vs. Gemelo 68 Phil. 421).
Sec. 7, Rule 39
How will the execution be made in case of death of a party?
In case of the death or party, execution may issue or be enforced in the following
manner, to wit.
1. In case of the death of judgments obligee, upon the application of his
executor or administrator, or successor in interest;
2. In case of the death of the judgment obligor, against his executor or
administrator or successor in interest, if the judgment be for the recovery of
real or personal property, or the enforcement of the lien thereon;
3. In case of the death of judgment obligor, after execution is actually levied
upon any of his property, the same may be sold for the satisfaction of the

judgment obligation, and the officer making the sale shall account to the
corresponding executor or administrator for any surplus in his hands.
Where will the monetary claim against the person administering the estate be
made?
A monetary claim against the person administering an estate, in relation to his or
her acts of administration, in its ordinary course, can be filed at the court where a special
proceeding for the settlement of the estate is pending.
Sec. 8, Rule 39
How will the writ of execution be enforced?
The sheriff enforce the writ in the following manner:
1. If the execution be against the property of the judgment obligor, to satisfy the
judgment, with interest, out of the real or personal propertyof such judgment
obligor;
2. If it be against real or personal property in the hands of personal representatives,
heirs, devisees, legatees, tenants, or trustees of the judgment obligor, to satisfy
the judgment,with interest, out of such properties;
3. If it be for the sale of real or personal property, to sell such property, describing it,
and apply the proceeds in conformity with the judgment, the material parts of
which shall be recited in the writ of execution;
4. If it be for the delivery of the possession of real or personal property, to deliver the
possession of the same, describing it, to the party entitled thereto, and to satisfy
any costs, damages, rents or profits covered by the ugment out of the personal
property of the person against whom it was rendered, and if sufficient personal
property cannot be found, then out of the real property; and
5. In all cases, the writ of execution shall specifically state the amount of the interest,
costs, damages, rents, or profits due as of th date of the issuance of the writ, aside
from the principal obligation under the judgment. For this purpose, the motion for
execution shall specify the amounts of the foregoing reliefs sought by the movant.
What is the requirement for the issuance of writ of execution in relation to

judgment?
A writ of execution must conform strictly to every essential particular of the judgment
promulgated, and may not vary it go beyond the terms of the judgment it seeks to
enforce, nor may it go beyond the terms of the judgment sought to be executed, but
extends as well to those necessarily included therein or necessary thereto.
What is the effect if the order of execution varies the tenor of the judgment?
It has been ruled that an order of execution which varies the tenor of the judgment, or
for that matter, exceeds the terms thereof is a nullity.

Against whom the writ of execution may be enforced?
It bears to stress that the court issuing the writ of execution may enforced its authority
only over properties or rights of the judgment debtor.
What is the rule in case of conflict between the fallo or the dispositive portion
and the opinion of the court contained in the body of the decision?
If there is a conflict between the depositive portion and the opinion of a cour6t contained
in the body of the decision , it would be the depositive portion that would be controlling,
regardless of what was stated in the opinion.
What are the instances where a writ of execution may be appealed?
The instances where a writ of execution may be appealed are as follows, to wit:
1. The writ of execution varies the judgment;
2. There has been a change in the situation of parties making execution
inequitable or unjust;
3. Execution is sought to be enforced against property exempt from execution;
4. It appears that the controversy has never been subject to the judgment of the
court;
5. The terms of the judgment are not clear enough and there remains room for
interpretation thereof; or
6. It appears that the writ of execution has been improvidently issued, or that it is
defective in substance, or is issued against the wrong party, or that the
judgment has been paid or otherwise satisfied, or the writ was issued without
authority.
In these exceptional circumstances, considerations of justice and equity dictate

that there be some mode available to the party aggrieved of elevating the question
to a higher court. That mode of elevation may be either by appeal (writ of error or
certiorari), or by a special civil action of certiorari, prohibition, or mandamus.
(Banaga vs. majaducon cited in General Milling Corporation- Independent Labor
Union vs. General Milling Corporation, G.R. No. 183122, June 15, 2011)
What are the grounds for the quashal of writ of execution?
The grounds for the quashal of the writ of execution shall be as follows, to wit:
1. When the writ of execution varies the judgment;

2. When there has been a change in the situation of the parties making execution
inequitable or unjust;
3. When execution is sought to be enforced against property exempt from
execution;
4. When it appears that the controversy has never been submitted to the
judgment of the court;
5. When the terms of the judgment are not clear enough and there remains room
for interpretation;

6. When it appears that the writ of execution has been improvidently issued;
7. When it appears that the writ of execution is defective in substance, or is issued
against the wrong party, or that the judgment debt has been paid or otherwise
satisfied, or the writ was issued without authority. (Reburiano vs. Court of
Appeals, 301 SCRA 342; Limpin vs. IAC, 1147 SCRA 516)
What is the nature of the duty of the sheriff to implement the writ of
execution?
Well settled that the sheriff’s duty in the execution of a writ is purely ministreal; he is to
execute the order of the court strictly to the letter. He has no discretion whether to
execute the judgment or not.
Sec. 9, Rule 39
How will a judgment for money be executed?
The officer shall enforce an execution of a judgment for money by demanding from the
judgment obligor the immediate payment of the full amount stated in the writ of
execution and all lawful fees.
What are the duties of the judgment obligor upon receipt of the demand from
the sheriff?
The judgment obligor upon demand of the sheriff shall:
1. Pay in cash, certified bank check payable to the judgment oblige or his
authorized representative if present at the time of payment.
2. The lawful fees shall be hand under proper receipt to the executing sheriff
who shall turn over the said amount within the same day to the clerk of court
of the court that issued the writ.
What is the requirement in case of execution of monetary judgment?
The first crucial step in the execution of money judgments is a valid demand on
the judgment obligor, usually via a valid service of the writ of execution.
What is the rule in case the judgment oblige or his representative is not
present to receive payment?
If the judgment oblige or his athorized representative is not present to receive

payment, the judgment obligor shall deliver the aforesaid paymet to the
executing sheriff.
What is the duty of the sheriff upon receipt of the payment?
The sheriff shall:

1. Turn over all the amounts coming into his possession within the same day to
the clerk of court of the court that issued the writ; or
2. If the same is not practicable, deposit said amount to a fiduciary acoount in
the nearest government depository bank of the Regional Trial Court of the
locality.
What are the duties of the clerk of court upon deposit of the payment by the
sheriff?
The clerk of court upon deposit of the payment by the sheriff, shall perform the
following:
1. The clerk of court shall thereafter arrange for the remittance of the deposit to
the account of the court that issued a writ;
2. The clerk of court shall then deliver said payment to the judgment oblige in
satisfaction of the judgement;
3. The excess, if any, shall be delivered to the judgement obligor;
4. The lawful fees shall be retained by the clerk of court for disposition as
provided by law. In no case, shall the executing sheriff demand that any
payment by check be made payable to him.
What is Levy?
levy is the essential act by which a property is set apart for the satisfaction of
judgment and taken into the custody of the law, and that fter it has been taken
from defendant his interest is limited to its application to the judgment
irrespective of the time when it may be sold. (Balaquig vs. Southern Motors Inc.,
5049-R, May 19, 1976)
What is levy on execution?
Levy on execution is a lien in favor of the judgment creditor over the right, title
and interest of the judgment debtor t the time of the levy. (Pacific Banking Corp.
vs. Policarpio, 64832-R, August 31, 1981)
What is the importance of valid levy?
A valid levy is essential to the validity of execution sale, any levy is invalid if the
notice of the levy of real property is not filed with the office of the register of
deeds.
What is the rule in case the judgment obligor cannot pay in full the monetary
judgement?
The judgment obligor is given the option to immediately choose which of his
property or part thereof, not otherwise exempt from execution, may be levied
upon sufficient to satisfy the judgment. Failure to avail the option, the sheriff can

garnish debts due the judgment obligor and other credits,, or levy on the
personal or real property of the latter.
What is the order of preference in the levy of properties of the judgment

debtor if he failed to choose?
In case the judgment debtor fails to choose which of his properties should be
levied upon, the sheriff must first levy on the judgment debtor’s personal
properties, if any and should such properties be insufficient, then the sheriff may
levy on the judgment debtor’s real properties.
What are the remedies of the sheriff if the obligor cannot pay the judgment in
full?
if the judgment obligor cannot pay all or part of the obligation in cash, certified
bank check or other mode of payment acceptable oblige, the officer shall:
1. Levy upon the properties of the judgment obligor of every kind and nature
whatsoever which may be disposed of for value and not otherwise exempt
from execution giving the latter the opinion to immediately choose which
property or part thereof may be levied upon, sufficient to satisfy the
judgment;
2. If the judgment obligor does not exercise the option, the officer shall first levy
on the personal properties, if any,and then on he real properties if the
personal properties are insufficient to answer for the judgment;
3. The sheriff shall sell only a sufficient portion of the personal or real property
of the judgment obligor which has been levied upon;
4. When there is more property of the judgment obligor than is sufficient to
satisfy the judgment and lawful fees, he must sell only so much of personal or
real property as is sufficient to satisfy the judgment and lawful fees.
Who has the option to choose which property may be levied upon?
The sheriff cannot and should not be the one to determine which property to
levy if the judgment obligor cannot immediately pay because it is the judgment
obligor who is given the option to choose which property or part thereof may be
levied upon to satisfy the judgment.
What are the properties which can be levied upon?
Real property, stocks, shares, debts, credits, and other personal property, or any
interest in either real or personal property, may be levied upon in like manner
and with like effect as under a writ of attachment.
Can a mortgaged property be levied upon?
Yes, a mortgaged property may still be levied upon by the sheriff to satisfy the judgment
debtor’s obligations.

What are the duties of the sheriff to effect valid levy on a real property?
To have a valid levy upon a real property, the sheriff should file with the register of
deeds, a copy of the order and description of the attached property and notice of
attachment; and leave with the occupant of the property a copy of the same order,
description and notice.
What is garnishment?
Garnishment is a warning to a person in whose hands the effect of another are attached,
not to pay the money or deliver the property of the defendants in his hands to him, but to
appear and answer the plaintiff;s suit. (Reliance Procoma Inc. vs. Phil-Asia Tobacco
Corporation, G.R. No. L-37656, May 31, 1974, 57 SCRA 374)
What is the effect of garnishment?
The garnishment of property to satisfy a writ of execution operates as an attachment and

fasten upon the property a lien by which the property is brought under the jurisdiction of
the court issuing the writ.
How can levy be made if the properties not capable of manual delivery is in
the hands of a third (3rd ) person?
The officer may levy on debts due the judgment obligor and other credits, including bank
deposits, financial interest, royalties, commission and other personal property not capable
of manual delivery in th possession or control or third parties. Levy shall be made by
serving notice upon the person owing such debts or having in his possession or control
such credits to which the judgment obligor is entitled.
What will be covered by garnishment?
The garnishment shall cover only such mount as will satisfy the judgment and all lawful
fees.
What are the duties of the garnishee after service of notice of garnishment?
The garnishee upon receipt of notice of garnishment shall:
1. Make a written report to the court within five (5) days from service of the
notice of garnishment stating whether or not the judgment obligor has
sufficient funds or credits to satisfy the amount of the judgment.
2. If not, the report shall state how much funds or credits the garnishee holds
for the judgment obligor.
3. The garnished amount in cash or certified bank check issued in the name of
the judgment oblige, shall be delivered directly to the judgment oblige within
10 working days from service of notice on said garnishing requiring such
delivery, except the lawful fees which shall be paid direct it to the court.

What is the rule in case of two or more garnishee?
In the event there are two or more garnishees holding deposits or credits
sufficient to satisfy the judgment, the judgment obligor, if available, shall have
the right to indicate the garnishee or garnishees who shall be required to deliver
the amount due; otherwise, the choice shall be made by the judgment obligee.
Can the government funds be subject of garnishment or levy?
Government funds may not be subject to garnishment or levy, in the absence of

corresponding appropriation as required by law.
What procedure shall be observed by the executing sheriff?
A: The executing sheriff shall observe the same procedure under par. (a) with
respect to delivery of payment to the judgment obligee.
Note
 Three classifications of judgment which are subject of execution”

1. Money Jugdments( Section 9)
2. Judgments for specific acts (Section 10)
3. Special Judgments( Section 11)
Sec. 10, Rule 39
How will the execution of judgment be made in case of conveyance, delivery of

deeds, etc., and there is failure to comply with the order?
If a judgment directs a party who execute a conveyance of land or personal property, or

to deliver deeds or other documents, or to perform any other specific act in connection
therewith, and the party fails to comply within the time specified, the court may:
1. Direct the act to be done at the cost of the disobedient party by some other
person appointed by the court and the act when so done shall have like effect
as if done by the party.
2. If real or personal property is situated within the Phillippines, the court in lieu
of directing a conveyance thereof may be n order to divest the title of any
party and vest it in others, which shall have the force and effect of a
conveyance executed in due form of law.
What is the meaning of “some other persons appointed by the court” under
Sec. 10 (a), Rule 39?
A: The “some other person appointed by the court” can be the Branch Clerk of
Court, the Sheriff, or even the Register of Deeds, and their acts when done under
such authority shall have the effect of having been done by himself.

what is the remedy of the winning party in case the judgment is for the
delivery of title?
He can obtain a court order requiring the registered owner to surrender the same and
directing the entry of a new certificate of title in petitioners’ favor.
How will the execution of a judgment be made in case of sale of property?
If the judgment be for the sale of real or personal property, to sell such property,
describing it, and apply the proceeds in conformity with the judgment.
How will the execution of a judgment be made in case of restitution or real

property?
The officer executing a judgment in case of restitution of real property shall comply with
the following:
1. Demand for the person against whom the judgment for the delivery or
restitution of real property I rendered and all person claiming rights under him
to peaceably vacant the property within three (3) working days;
2. Restore possession thereof to the judgment oblige;
3. Otherwise, the officer shall oust and such persons therefrom with the
assistance, if necessary, of appropriate peace officers, and employing such
means as may be reasonably necessary to retake possession, and place the
judgment oblige in possession of such property; and
4. Any costs, damages, rents or profits awarded by the judgment shall be
satisfied in te same manner as a judgment for money.
What are the effects in case the sheriff fails to observe the requirement under
Sec. 10 (c) of Rule 39?
It is hornbook law that “a sheriff who enforces the writ without the required
notice or before the expiration of the three-day period runs afoul with Section 10
(c) of Rule 39”. And will lead to his administrative liability.
Which is the rule in case there are improvements on the property?
When the property subject of the execution contains improvements constructed

or planted by the judgment obligor or his agent, the officer shall not destroy,
demolish or remove said improvements except upon compliance with the
following:
1. Special order of the court issued;

2. Upon motion of the judgment oblige;
3. After due hearing; and
4. After the former has failed to remove the same within a reasonable time fixed
by the court.

How will the execution of judgment in case of delivery of personal property be
made?
A: In judgments for the delivery of personal property, the officer shall:
1. Take possession of the same;

2. Deliver it to the party entitled thereto; and
3. Satisfy any judgment for money as therein provided.
 Special “ break-open” door is a special order provided in Section 10(d), Rule 39.
Sec. 11, Rule 39
How will the execution be made in case of special judgments?
When a judgment requires the performance of any act other than those delivery
or conveyance of real, personal properties or conveyance, a certified copy of the
judgment shall be attached to the writ of execution and shall be:
1. Served by the officer upon the prty against whom the same is rendered; or
2. Upon any other person required thereby, or by law, to obey the same; and
3. Such party or person may be punished for contempt if he disobeys such
judgment.
What is the nature and coverage in case of execution of a judgment in a

petition for mandamus?
Service and execution of a special judgment, such as a favorable judgment in

mandamus should be deemed to be limited to directing compliance with the
judgment, and in case of disobedience, to have the disobedient person required
by law to obey such judgement may be punished with contempt.
Special judgment is one which requires the performance of any act other than
the payment of money or the sale or delivery of real or personal property which a
party must personally do because his personal qualifications and circumstances
have been taken into consideration.
ORDINARY JUDGMENT - if the judgment orders the defendant to pay money, like a
collection case (Section 9) or to deliver real or personal property (Section 10). If
debtor rfuses to pay his debt, follow Section 9. And if the
A special judgment may be enforced by contempt if the defendant refuses to

comply with the judgment. But if it is an ordinary judgment and the defendant
refuses to comply, it is not a ground for contempt.
Sec. 12, Rule 39

What is the effect of levy on execution as to third persons?
The levy on execution shall create a lien favor of the judgment oblige over the
right, title and interest of the judgment obligor in such property at the time of the
levy, subject to liens and encumbrances then existing.
Sec. 13, Rule 39
What are the properties exempt from execution?
Except as otherwise expressly provided by law, the following property, and no

other shall be exempt from execution:
a) The judgment obligor’s home as provided by law, or the homestead in which

he resides, and land necessarily used in connection therewith;
b) Ordinary tools and implements personaly used by him in his trade,
employment or, livehood;
c) Three horses, or three cows, or three carabaos, or ither beasts of burden such
as the judgment obligor may select necessarily used by him in his ordinary
occupation;
d) His necessary clothing and articles for ordinary personal use, excluding
jewelry;
e) Household furniture and utensils necessary for housekeeping, and used for
that purpose by the judgment obligor and his family, such as the judgment
obligor may select, of a value not exceeding one hundred thousand pesos;
f) Provisions for individual or family use sufficient for four months;
g) The professional libraries and equipment of judges, lawyers, physicians,
pharmacists, dentists, engineers, surveyors, clergymen, teachers, and other
professionals, not exceeding thre hundred thousand pesos in value;
h) One fishing boat and accessories not exceeding the total value of P100,000.00
owned by a fisherman an by the lawful use of which he earns his livelihood;
i) So much of the salaries, wages, or earnings of the judgment obligor of his
personal services within the four months preceding the kevy as are necessary
for the support of his family;
j) Lettered gravestones;
k) Monies benefits, privileges, or annuities accruing or in any manner growing
out of any life issuance;
l) The right to receive legal support, or money or property obtained as such
support, or any pension or gratuity from the Government;
m)Properties especially exempt by law.
 Section 13, Rule 39 cannot be waived because it is contrary to public policy( if
waiver is done prior to filing of the case but if the case is filed already, a party may
waive the exemptions)
What are the exceptions to the rule on exempted properties from execution?

No article or species of property mentioned in this section shall be exempt from
execution issued upon a judgment recovered for its price or upon a judgment of
foreclosure of a mortgage thereon.
What is the nature of a family home? What are the duties of the court with
respect to family home?
The family home is a real right which is gratuitous, inalienable and free from
attachment, constituted over the dwelling place and the alnd on which it is
situated, which confers upon a particular family the right to enjoy uch properties,
and cannot be seized by creditor.
Sec. 14, Rule 39
What will happen to the writ of execution after its satisfaction?
The writ of execution shall be returnable to the court issuing it immediately after
the judgment has been satisfied in part or in full.
What is the duty of the officer if the writ was not satisfied in full?
If the judgment cannot be satisfied in full within 30 days after his receipt of the writ, the
officer shall report to the court and state the reason therefor.
What is the nature of the thirty (30) day period for the officer to report in case
on non-satisfaction of the judgment?
the 30-day period imposed for the execution of the writ after the judgment has been
received by the sheriff, as well as the periodic report every 30 days, is mandatory under
the rule.
What is the rationale for the periodic reporting of the sheriff?
The reason behind this requirement is to update the court on the status of the execution
and to take the necessary steps to ensure the speedy exection of decisions.
Can the sheriff receive voluntary payments from the parties in implementing
the writ of execution?
No. Sheriffs are not allowed to receive any voluntary payments form the parties in the
course of the performance of their duties, and he cannot just unilaterally demand sums of
money from a party-litigant without observing the proper procedural steps.
What is the lifetime of the writ?
Such writ shall continue in effect during the period within which the judgment may be
enforced by motion.
What rare the other duties of the officer after execution?

The officer shall make a report to the court every 30 days on the proceedings taken
thereon until the judgment is satisfied in full, or its effectivity expires.
Sec. 15, Rule 39
How will the notice of sale be made in case of perishable property?
Before the sale of property on execution notice of sale pf perishable property may be
given by:
1. Posting written notice of the time and place of the sale in three public
places, preferably in conspicuous areas of the municipal or city hall, post
office and public market in the municipality or city where the sale is to
take place; and
2. For such time as may be reasonable, considering the character and
condition of the property.
How will the notice of sale be made in case of personal property?
In case of other personal property, by posting a similar notice in the three

public places above-mentioned for not less than five days.
How will the notice of sale be made in case of real property not exceeding
P50,000.00?
In case of real property, by posting for 20 days in three (3) public places
abovementioned a similar notice particularly describing the property and
stating where the property is to be sold?
How will the notice of sale be made in case of real property exceeding
P50,000.00?
If the assessed value of the property exceeds P50,000.00, by publishing a

copy of the notice once a week for two consecutive weeks in one news paper
selected by raffle, wheter in English, Filipino, or any major regional language
published, edited and circulated or, in the absence thereof, having general
circulation in the province or city.
How is notice for sale being made in all other cases?
In all cases, written notice of the sale shall be given to the judgment obligor,
at least three days before the sale, except as provided in par.(a) hereof where
notice shall be given at any time before the sale, in the same manner as
personal service of pleadings and other papers as provided by Sec.6 of Rule
13.
Sec.16, Rule 39

What is the rule in case of terceria or third-party claim?
If the property levied on its claimed by any person other than the judgment
obligor or his agent, such person shall:
1. Make an affidavit of his title thereto or right to the possession thereof;

2. State the grounds of such right or title;
3. Serve the same upon the officer making the levy; and
4. Serve a copy thereof upon the judgment oblige.
What is terceria or third-party?
The special ancillary remedy proceeding of a third party claim. (Mata vs.
Macaraig, 7145-R, March 5, 1951)
Who may avail the remedy of terceria?
The remedy of terceria is available only to a third person other than the judgment
obligor or the latter’s agent who claims a property levied on.
Who is the third person mentioned under the Rules?
A “stranger” or a third person is any person other than the judgment debtor or
his agent.
When is terceria or third-party claim available as a remedy?
If the property belonging to any third person is mistakenly levied upon to answer
for another man’s indebtedness, suh person has all the right to challenge the levy
through any of the remedies provided for under the Rules of Court.
What is the basis of terceria or third-party claim?
The right of a third-party claimant to file a terceria is founded on hi title or right

of possession.
Will the mere filing of affidavit of third-party claim sufficient to stay execution?
No. The mere filing o a terceria, or an affidavit stating complainant alleged title,
under Sec. 16, Rule 39, or a motion to quash the writ of execution does not stay
the auction sale scheduled by the sheriff.
Is terceria a speedy remedy in case of a pending demolition of property by

virtue of a special ordr of demolition issued by the court?
No. The remedy of terceria is available only to a third person other than the judgment
obligor or his agent who claims a property levid on to be put in auction which is not in
case of Special Order of Demolition which would result in the destruction of party’s
property.

What is the duty of the officer in possession of the property subject of a third-
party claim. Exception?
The officer shall not be bound to keep the property, unless such judgment oblige,
on demand of the officer, files a bond approved by the court to indemnify the
third-party claimant in a sum not less than the value of the property levied on. In
case of disagreement as to such value, the same shall be determined by the
court issuing the writ of execution.
When will the bond be made liable for damages?
No claim for damages for the taking or keeping of the property may be enforced
against the bond unless the action therefor is filed within 120 days from the date
of the filing of the bond.
What is the liability of the officer for the taking or keeping of the property?
The officer shall not be liable for damages for the taking or keeping the property
to any third-party claimant if such bond is filed.
What are the other remedies of the parties?
Nothing herein contained shall prevent such claimant or any third person from:
1. Vindicating his claim to the property in a separate action; or

2. Prevent the judgment oblige from claiming damage in the same or a separate
action against a third-party claimant who filed a frivolous or plainly spurious
claim.
What is the rule if the writ is issued in favor of the Republic of the Philippines?
When the writ of execution is issued in favor of the Republic of the Philippines or
any officer duly representing it, the following rules shall apply:
1. The filing of such bond shall not be required;

2. In case the sheriff or levying officer is sued for damages as a result of the
levy, he shall be represented by the Solicitor General;
3. If the office is held liable therefor, the actual damages adjudged by the court
shall be paid by the National Treasurer out of such funds as may be
appropriated for the purpose.
What are the distinctions between a third-party claim and a third-party

complaint?

Third-Party Third-Party
Claim/Terceria Complaint (Sec.
(Sec. 16, Rule 11, Rule 6)
39)
a) The remedy a) A third

of terceria (fourth,
or third- etc.)- party
party claim complaint is
is a remedy a claim that
available a defending
only to a party may,
third person with leave
other than of court, file
the against a
judgment person nota
obligor or party to the
the latter’s action,not a
agent who party to the
claims a action,
right of title called the
or third
possession (fourth,
over the etc.)-party
property defendant
levied on. for
contribution
, indemnity,
subrogation
or any other
relief, in
respect of
his or her
opponent’s
claim.
b) It can be b) It can be
availed of availed of
by filing an by filing an
affidavit initiatory
pleading of
third-party
complaint.
c) The remedy c) It is
of tarceia is available to
available the original
only to a defending

third person party may,
other than with leave
the of court,
judgment filed against
obligor or a person
the latter’s not a party
agent who to the
claims a action,
property called the
levied on. third
(fourth,
etc.) –party
defendant
contribution
, indemnity,
subrogation
or any other
relief, in
respect of
his or her
opponent’s
claim.
d) The third- d) Third-party

party claim complaint is
shall be filed filed before
upon the the court
officer where the
making the main action
levy and a is pending.
copy thereof
upon the
judgment
oblige.
e) No need of e) Being an
payment of initiatory
docket fees. pleading
payment of
docket fees
is required.
f) The purpose f) The purpose

of third- of third
party claim (fourth et.)-
is to protect party
the third- complaint is
party’s right for

to title or contribution
possession , indemnity,
over a real subrogation
property or any other
mistakenly relief, un
levied upon respect of
during his or her
execution or opponent’s
attachment. claim.
Remedies of a third party with a claim to title or possession of property which

levied upn by a court
1. Motion or application with the court for the release of property;

2. Third party claim or terceria;
3. Action for damages on the indemnity bond filed;
4. Reivindicatory action
 If the third party claim filed is denied by the court, the third party should file a
separate case for a reivindicatory action. Hence, an appeal is not available because
he is not a party to the original case nor certiorari because there is still an
adequate remedy available by filing a separate action.
 A spouse may file a third party claim if conjugal property is being levied upon to
answer for the separate obligation of the other spouse but if the same is being
levied to answer an obligation chargeable to the conjugal or community property, a
spouse cannot file a third party claim since he is not considered as a third party in
that case.
Sec. 17, Rule 39
What is the liability of the officer in case of sale without notice?
An officer selling without the notice prescribed by Sec. 15 of this Rule shall be
liable to pay:
1. Punitive damages in the amount of P5,000.00 to any person injured thereby;

and
2. In addition to his actual damages, both to be recovered by motion in the
same action.
What is the liability of a person for removing or defacing the notice?
A person willfully removing or defacing the notice posted, if done before the sale,
or before the satisfaction of the judgment if it be satisfied before the sale, shall
be liable to pay:
1. P5000.00 to any person injured by reason thereon; and

2. In addition to his actual damages, to be recovered by motion in the same
action.
Sec. 18, Rule 39
What is the liability of the officer in case of sale without notice?
An officer selling without the notice notice prescribed by Sec. 15 of this Rule shall
be liable to pay:
1. Punitive damages in the amount of P5,000.00 to any person injured thereby;

and
2. In addition to his actual damages, both to be recovered by motion in the
same action.
What is the liability of a person for removing or defacing the notice?
A person willfully removing or defacing the notice posted, if done before the sale,
or before the satisfaction of the judgment if it be satisfied before the sale, shall
be liable to pay:
1. P5,000.00 to any person injured by reason thereon; and

2. In addition to his actual damages, to be recovered by motion in the same
action.
Sec. 18, Rule39
What is the effect in case the obligor pays the amount and cost?
At any time before the sale of property on execution, the judgment obligor may
prevent the sale by paying the amount required by the execution and the costs
that have been incurred therein.
Sec. 19, Rule 39
How will the property be sold on execution?
All sales of property under execution must be made subject to the following
rules:
1) It will be made at public auction;

2) To the highest bidder; and
3) To start at the exact time fixed in the notice.
What is the effect if sufficient property has been sold?
After sufficient property has been sold to satisfy the execution:

1) No more shall be sold; and
2) Any excess property or proceed of the sale shall be promptly delivered to the
judgment obligor or his authorized representative, unless otherwise directed
by the judgment or order of the court.
What is the rule in case of sale of several real properties?
When the sale is of real property, consisting of several known lots, they must be:
1) Sold separately; or
2) When a portion of such real property is claimed by a third person, he may
require it to be sold separately.
How will the sale of personal property be made?
When the sale is of personal property capable of manual delivery, it must be sold
within view of those attending the same and in such parcels as are likely to bring
the highest price.
What is the duty of the obligor when present during the sale?
A: The judgment obligor, if present at the sale, may:
1) Direct the order in which property, real or personal, shall be sold;

2) When such property consists of several known lots or parcels which can be
sold to advantage separately.
Who are disqualified to purchase during the execution sale?
Neither the officer conducting the execution sale, nor his deputies, can become a
purchaser, nor be interested directly or indirectly in any purchase at such sale.
Sec. 20, Rule 39
What are the effects if the purchaser failed to pay the amount of bid?
If a purchaser refuses to pay the amount bid by him for property struck off to
him at a sale under execution:
1) The officer may again sell the property to the highest bidder;
2) He shall not be responsible for any loss occasioned thereby;
3) The court may order the refusing purchaser to pay into the court the amount
os such loss, with costs; and
4) May punish him for contempt if he disobeys the order.
To whom the proceeds of the sale shall be given?
The proceeds of the sale shall be given as follows:

1) The amount of such payment shall be for the benefit of the person entitled to
the proceeds of the execution;
2) Unless the execution has been fully satisfied, in which event such proceeds
shall be for the benefit of the judgment obligor.
What is the remedy of the officer against the person who failed to pay the bid?
The officer may thereafter reject any subsequent bid of such purchaser who
refuses to pay.
Sec. 21, Rule 39
Should the oblige pay the bid price if he is the purchaser in the execution sale?
When the purchaser is the judgment oblige, and no third-party claim has been filed, he
need not pay the amount of the bid if it does not not exceed the amount of his judgment.
If it does, he shall pay only the excess.
Sec. 22, Rule 39
How will the execution sale be adjourned?
Execution sale may be adjourned by the officer in the following manner:
1) By written consent of the judgment obligor and oblige, or their duly

authorized representatives, the officer may adjourn the sale to any date and
time agreed upon by them;or
2) Without such agreement, he may adjourn the sale from day to day if it
becomes necessary to do so for lack of time to complete the sale on the day
fixed in the notice or the day to which it was adjourned.
Sec. 23, Rule 39
When can the conveyance of personal property capable of manual delivery be

made?
When the purchaser of any personal property, capable of manual delivery, pays the
purchase price, the officer making the sale must:
1) Deliver the property to the purchaser; and

2) If desired, execute and deliver to him a certificate of sale.
What rights are conveyed by the sale?
The sale conveys to the purchaser all the rights which the judgment obligor had in such
property as of the date of the levy on preliminary attachment.

Sec. 24, Rule 39
When can the conveyance of personal property, not capable of manual

delivery, pays the price, the officer making the sale must perform the following:
1) Execute and deliver to the purchaser a certificate of sale;

2) Such certificate conveys to the purchaser all the rights which the judgment
obligor had in such property as of the date of the levy on execution or
preliminary attachment.
Sec. 25, Rule 39
Where will the certificate of sale over a real property be filed?
Such certificate must be registered in the Registry of Deeds of the place where the
property is situated.
What I the effect of a third-party claim on the certificate of sale?
When a property sold by virtue of a writ of execution has been claimed by a third-person,
the certificate of sale to be issued by the sheriff pursuant to Secs. 23,25 and 25, Rule 39
shall make express mention of the existence of such third-party claim.
Sec. 27, Rule 39
Who may redeem the real property sold on execution sale?
Real property sold as provided in the last preceding section, or any part theeof sold
separately, may be redeemed in the manner hereinafter provided, by the following
persons:
1) The judgment obligor or his successor in interest in the whole or any part of
the property ;
2) A creditor having a lien by virtue of an attachment, judgment or mortgage on
the property sold, or on some part thereof, subsequent to the lien under
which the property was sold. Such redeeming creditor is termed as a
redemptioner.
What is the requirement in case there is an intention to redeem the property?
The statement of intention must be accompanied by an actual and simultaneous

tender of payment.
Sec. 28, Rule 39
When to redeem the property sold? What amount shall be paid?

The judgment obligor, or redemptioner, may redeem the property form the
purchaser, at any time within one (1) year from the date of the registration of the
certificate of sale by paying the purchaser, the following, to wit:
1) The amount of this purchase, with 1% per month interest thereon in addition,
up to the time of redemption;
2) The amount of any assessments or taxes which the purchaser may have paid
thereon after purchase;
3) Interest on such last-named amount at the same rate; and
4) If he be also a creditor having a prior lien to that redemptioner, other than
the judgment under which such purchase was made, the amount of such
other lien, with interest.
Can the property redeemed be redeemed again?
Yes, as expressly provided by the above rule that, property so redeemed may
again be redeemed within 60 days after the last redemption upon compliance
with the following, to wit:
1) Payment of the sum paid on the last redemption, with 2% thereon in

addition;
2) The amount of any assessment or taxes which the last redemptioner may
have paid thereon after redemption by him;
3) With interest on such last-named amount;and
4) In addition, the amount of any liens held by said last redemptioner prior to his
own, with interest.
How will a subsequent redemption be made?
The property may be again, and as often as a redemptioner is so disposed,

redeemed from any previous redemptioner within 60 days after the last redemption by:
1) Paying the sum paid on the last previous redemption, with 2% thereon in
addition;and
2) The amounts of any assessment or taxes which the last previous
redemptioner paid after the redemption thereon, with interest thereon;and
3) The amount of any liens held by the last redemptioner prior to his own,
with interest.
To whom the notice of redemption shall be given?
Written notice of any redemption must be given to:
1) The officer who made the sale;

2) A duplicate file with the registry of deeds of place;and

3) If any assessments or taxes are paid by the redemptioner or if he has
acquires any lien other than that upon which the redemption was made,
notice thereof must in like manner be given to the officer and filed with
the registry of deeds; if such notice be not filed, the property may be
redeemed without paying such assessments, taxes, or liens.
What is the effect of wrong registration of notice of redemption?
A: Wrong registration is deemed non-complaint with the requirement of

registration under Sec. 28 Rule 39 of the 1997 Rules of Civil Procedure.
Sec.29, Rule 39
What is the effect if the judgment obligor redeemed the property?
If the judgment obligor redeems, he must make the same payments as are
required to effect a redemption by a redemptioner, whereupon, no further redemption
shall be allowed and he is restored to his etate.
What are the duties of the person to whom payment was made?
The person to whom the redemption payment is made must perform the following,
to wit:
1) Execute and deliver to him a certificate o redemption;

2) Acknowledged before a notary public or other officer authorized to take
acknowledgements of conveyances of real property;
3) Such certificate must be filed and recorded in the Registry of Deeds of the
place in which the property is situated; and
4) The Registrar of Deeds must note the record thereof on the margin of the
record of the certificate of sale.
To whom the payment shall be made?
The payments mentioned in this and the last preceding sections may be
made to the purchaser or redemptioner, or for him to the officer who made the
sale.
Note
 In case of personal property, no right of redemption is available.

 In case of real property, right of redemption is available.
Read
Padilla vs Philippine Producers Coop Marketing Association, July 15, 2005
Reyes vs Tang December 14, 2011
Sec.30, Rule 39

What are the rules regarding entitlement to the rents, earnings and income of
the property pending redemption?
A: The purchaser or a redemptioner shall not be entitled to:
1) Receive the rents, earnings and income of the property sold on execution,
or the value of the use and occupation thereof when such property is in
the possession of a tenant;
2) All rents, earnings and income derived from the property pending
redemption shall belong to the judgment obligor until the expiration of his
period of redemption.
Sec. 33, Rule 39
What is the right of the purchaser if no redemption was made within the time
allowed?
If no redemption be made within one year from the date of the registration of the
certificate of sale, the purchaser is entitled to a conveyance and possession of the
property.
Who is entitled to possession if there is a redemption after 60 days?
A: If the property is so redeemed whenever 60 days have elapsed and no other

redemption has been made, and notice thereof given, and the time for redemption has
expired, the last redemptioner is entitled to the conveyance and possession.
When to redeem the property?
In all cases, the judgment obligor shall have the entire period of one year from the date
of the registration of the sale to redeem the property.
Who shall execute the deed of conveyance?
The deed shall be executed by the officer making the sale or by his successor in office,
and in the latter case shall have the same validity as though the officer making the sale
had continued in office and executed it.
What are the rights of the purchaser or redemptioner after the expiration of
period of redemption?
Upon the expiration of the right of redemption, the purchaser or redemptioner shall be:
1) Substituted to and acquire all the rights, title, interest and claim of the
judgment obligor to the property as of the time of the levy;
2) The possession of the property shall be given to the purchaser or last
redemptioner by the same officer unless a third party is actually
holding the property adversely to the judgment obligor.

What is a writ of possession and its nature?
A writ of possession is generally understood to be an order whereby a sheriff is

commanded to place a person in possession of a real or personal property, and its
issuance is ministerial.
What is the right of the purchaser after the expiration of period redemption?
Upon the expiration of the period to redeem and no redemption was made, the
purchaser, as confirmed owner, has the absolute right to possess the land and issuance of
the writ of possession becomes a ministerial duty of the court upon proper application and
proof of title.
What are the instances where writ of possession can be issued?
A writ of possession, which commands the sheriff to place a person in possession or real
property, may be issued in:
1) Land registration proceedings under Sec. 17 of Act No. 496;

2) Judicial foreclosure, provided the debtor is in possession of the
mortgaged property, and no third person, not a party to the
foreclosure suit, had intervened;
3) Extrajudicial foreclosure of a real estate mortgage, pending
redemption under Sec. 7 of Act. No. 3135, as amended by Act. No.
4118;and
4) Execution sales, pursuant to the last paragraph of Sec. 33, Rule 39 of
the Rules of Court. (Eligio P. Mallari vs. Government Service Insurance
System and the Provincial Sheriff of Pampanga, G.R. No. 157659,
January 25, 2010)
How can a writ of possession be issued?
Writ of possession may be issued upon ex parte petition with bond before the
expiration of the period of redemption, or without bond after the expiration of the period.
What is the nature of the proceedings for the issuance of writ of possession?
The proceeding in a petition for a writ of possession is ex parte and summary in

nature. It is a judicial proceeding brought for the benefit of one party only and without
notice by the court to any person adverse of interest.
What are the requirements for the Issuance of writ of possession?
Orders for the issuance of a writ of possession are issued as a matter of course
upon the filing of the proper motion and approval of the corresponding bond since no
discretion is left to the court to deny it.

What is the nature of the issuance of a writ of possession in an extrajudicial
foreclosure of mortgage?
Its issuance to a purchaser is an extrajudicial foreclosure sale is merely a ministerial

function, and trial court has no discretion on this matter.
Can the court refuse to a writ of possession?
No. The court can neither halt nor hesitate to issue the writ of possession, since it is
merely ministerial to issue the writ.
Is certification against forum shopping required in a petition for Issuance of

writ of possession?
No. A certificate against forum shopping is not a requirement in an ex parte petition for
the issuance of a writ of possession since it is not a complaint or other initiatory pleading
as contemplated in Sec. 5, Rule 7 of the 1997 Rules of Civil Procedure, but it is rather a
motion.
What is the exception to the rule that issuance of writ of possession is

ministerial?
The exception provided under Sec. 33, Rule 39 of the Rules of Court contemplates a
situation in which a third party holds the property by adverse title or right.
What are the other exceptions to the rule the that issuance of writ of
possession is a ministerial duty?
The exceptions to the rule that issuance of a writ of possession is a ministreal function,
are as follows, to wit.
1) Gross inadequacy of purchase price;

2) Third party claiming right adverse o debtor/ mortgagor; and
3) Failure to pay the surplus proceeds of the sale to mortgagor.
What is the duty of the court if there is a third person holding adverse title or
interest to the property?
When a parcel or land levied upon on execution is occupied by a party other than a
judgment debtor, the court shall order a hearing to determine the nature of said adverse
possession.
Will the filing of an action for nullity of foreclosure and auction sale enjoins the
issuance of writ of possession?

No. The issuance of a writ of possession to a purchaser in a public auction is a ministerial
function of th court, which cannot be enjoined or restrained, even by the filing of a civil
case for the declaration of nullity of the foreclosure and consequent auction sale.
Will the pendency of an action for annulment of mortgage or foreclosure sale

does not stay the issuance of the writ of possession?
No. It is settled that a pending action for annulment of mortgage or foreclosure sale does
not stay the issuance of the writ of possession, without prejudice to the outcome of he
annulment case.
Can a writ of possession be enforced against the property of a third person?
No. Should the sheriff levy upon the assets of a third person in which the judgment
debtor has not even the remotest, then he is acting beyond the limits of his authority.
Note
 In extrajudicial foreclosure of real estate mortgages under Act No, 3135, the
issuance of a writ of possession is ministerial upon the court after the foreclosure
sale and during the redemption period so long as the party filed an ex parte motion
and the court approved the corresponding bond.
Exception: Section 33, Rule 39
Read Cabling vs Lumapas June 18, 2014
Sec. 34, Rule 39
What are the remedies of the purchaser if he fails to recover the property?
If the purchaser of real property sold on execution, or hi successor-in-interest, fails to

recover the possession thereof, or is evicted therefrom, in consequence of irregularities in
the proceedings concerning the sale, or because the judgment has been reversed or set
aside, or because the property sold was except from execution, or because a third person
has vindicated hos claim to the property, he may on the motion in the same action or in a
separate action:
1) Recover from the judgment oblige the price paid, with interest, or so
much thereof as has not been delivered to the judgment obligor;
2) He may, on motion, have the original judgment revived in his name for
the whole price with interest, or so much thereof as has been delivered
to the judgment obligors;
3) The judgment so revived shall have the same force and effect as an
original judgment would have as of the date of the revival and no
more.
Sec. 35, Rule 39

What is the remedy of the person who paid or satisfied the execution?
When property liable to an execution against several persons is sold thereon, and more
than a due proportion of the judgment is satisfied out of the proceeds of the sale of the
property of one of them, or one of them pays, without a sale, more than this proportion,
he may, subject to the following rules:
1) Compel a contribution from the others; and

2) When a judgment is upon an obligation of one of them, as security
for another, and the surety pays the amount, or any part thereof,
either by sale of his property or before sale, he may compel
repayment from the principal.
Note
What are the remedies available to the judgment oblige in aid of execution?
1. Examination of judgment obligor when judgment returned unsatisfied;

2. Examination of obligor of judgment obligor;
3. Order for application of property and income to satisfaction of judgment;
4. Appointment of receiver
Sec. 36, Rule 39
What is the remedy of the judgment is unsatisfied?
When the return of a writ of execution issued against property of a judgment obligor, or
any one of several obligors in the same judgment, shows that the judgment remains
unsatisfied, in whole or in part, the judgment oblige, at any time after such return is
made, may avail a remedy subject to the following conditions:
1) He is entitled to an order from the court which rendered the said

judgment, requiring such judgment obligor to appear and be
examined concerning his property and income before scuh court or
before a commissioner appointed by it at a specified time and
place; and
2) Proceedings may thereupon be had for the application of the
property and income of the judgment obligor towards the
satisfaction of the judgment.
What is the limitation on the examination of judgment obligor?
No judgment obligor shall be so required to appear before a court of commissioner

outside the province or city in which such obligor reside or is found.
Sec. 37, Rule 39

What is the remedy of the judgment oblige if there is an obligor of a judgment
obligor?
When the return of a writ of execution against the property of a judgment obligor shows
that the judgment remains unsatisfied, in whole or in part, and upon proof to the
satisfaction of the court which issued the writ, that a person, corporation, or other
juridical entity has property of such judgment obligor or is indebted to him, the court
may, by an order:
1) Require such person, corporation, or other juridical entity, or any

officer or member thereof, to appear before the court or a
commissioner appointed by it, at a time and place within the
province or city where such debtor resides or is found, and be
examined concerning the same.
What are the effects of the service of the order?
The service of the order shall have the following effects:
1) Bind all credits due the judgment obligor;

2) All money and property of the judgment obligor in the possession or
in the control of such person, corporation, or juridical entity from
the time os service; and
3) The court may also require notice of such proceedings to be given
to any party to the action in such manner as it may deem proper.
Sec. 38, Rule 39
How will the attendance of the person for examination be enforced?
A party or other person may be compelled, by an other or subpoena issued by the court,
to:
1) Attend before the court or commissioner, and to testify as provided in the two
preceding sections;
2) Upon failure to obey such order or subpoena or to be sworn, or to answer as a
witness or to subscribe his deposition, may be punished for contempt as in other
cases.
How will be the conduct of examination be done?
The following rules shall be observed in the examination of the person:
1) Examinations shall not be unduly prolonged, but the proceedings may be

adjourned from time to time, until they are completed;

2) If the examination is before a commissioner, he must take it in witing and certify
it to the court;
3) All examinations and answers before a court or commissioner must be under
oath, and when a corporation or other juridical entity answers, it must be on the
oath of an authorized officer or agent thereof.
Sec.39, Rule 39
What duty of the person indebted to the judgment obligor who I served with
the writ by the sheriff?
After a writ of execution against property has been issued, a person indebted to the
judgment obligor may:
1) Pay to the sheriff holding the writ of execution the amount of his debt or so much
thereof as may be necessary to satisfy the judgment, in the manner prescribed in
Secc. 9 of this Rule; and
2) The sheriff’s receipt shall be a sufficient discharge for the amount so paid or
directed to be credited by the judgment obligee on the execution.
Sec.40, Rule 39
What are the action of the court on the property of the judgment obligor?
The courtt may oder the judgment obligor in the following?
1) Any property of the judgment obligor, or money due him, not exempt from
execution, in the hands of either himself pr another person, or of a corporation or
other juridical entity , to be applied to the satisfaction of th judgment, subject to
any prior rights over such property;
2) If, upon investigation of his current income and expenses, it appears that tahe
earnings of the judgment ovligor for his personal services are more than necessary
for the support of hi family, the court may order that he pays the judgment in fixed
monthly installments, and upon his failure to pay any such installment when due
without good excuse, may punish him for indirect concept.
Sec.41, Rule 39
What are the orders that the court may issue during execution stage?
The court during execution stage may order the following:

1) Appointment a receiver of the property of the judgment obligor; and
2) It may also forbid a transfer or other disposition of, or any intereference with, the
property of the judgment obligor not exempt from execution.
Sec. 42, Rule 39
What are the duies of a receiver on the Interest of judgment obligor in a

real estate uponn order of the court?
If it appears that the judgment obligor has an interest in real estte in the place in
which proceedings are had, as mortgagor or mortgage or otherwise, and his interest
therein cann be ascertained without controversy, the receiver subject to the following
conditions may be:
1) Ordered to sell and convey such real estate or the interest of the obligor therein;
2) Such sale shall be conducted in all respects in the same manner as is provided for
the sale of real estate upon execution;and
3) The proceedings thereon shall be approved by the court before the execution of
the deed.
Sec.43, Rule 39
Q: What are the orders that the court may issue if the person served with
the wit denies the indebtedness?
A: If if appears that a person or corporation, alleged to have property of the judgment

obligor to be indebted to him, claims an inerest in the propertyadverse to him or
denies the debt, the court may:
1) Authorize, by an order made to that effect, the judgment obligee to institute an

action against such person or corporation for the recovery of such interest or debt;
2) Forbid atransfer or other disposition of such interest or debt within 120 days from
notice of th order;
3) May punish disobedience of such order a for contempt;and
4) Such order may be modified or vacated at any time by the court which issued it, or
by the court in hich the action is brought, upon such terms as may be just.
Sec. 44, Rule 39
What is the duty of the clerk of ocurt after satisfaction of judgment?

Satisfaction of a judgment shall be entered by the clerk of court in the court docket
and entered in the execution book upon the return of a writ of execution showing, the
following:
1) The full satisfaction of the judgment; or

2) Upon the filing of an admisison to the satisfaction of the judgment executed; and
3) Acknowledged in the same manner as a conveyance of real property by the
judgment obligee or by his counsel unless a revocation of his authority is filed, or
upon the endorement of such admission by the judgment obligee or his counsel on
the face of the record of the judgment.
Sec.45, Rule 39
What is the duty of the obligor or his counsel after satisfaction of judgment?
Whenever a judgment is satisfied in fact, or otherwise than upon an execution, on

demand of the judgment obligor, the judgment oblige or his counsel must:
1) Execute and acknowledge, or indorse, an admission of the satisfaction as provided

in the last preceding section; and
2) After notice and upon motion the court may order either the judgment oblige or his
counsel to do so; or
3) May order the entry of satisfaction to be made without such admission.
Sec.46, Rule 39
When will the surety become liable?
When a judgment is rendered against a party who stands as surety for another, the
latter is also bound from the time that he has notice of the action or proceeding, and
an opportunity at the surety’s request to join in the defense.
Sec. 47, Rule 39
What are the effects of a judgment or final orders?
The effect of a judgment or final order rendered by a court of the Philippines, having
jurisdiction to pronounce the judgment or final order may be as follows:
a) As to specific thing, or probate of the will etc.:
What is the effect of a judgment or final order against a specific thing,

probate of the will, administration of the estate, etc.?
In case of a judgment or final order against a specific thing, or in respect to the

probate of a will, or the administration of the estate of a decreased person, or in
respect to the personal, political, or legal condition or status of a particular person or
his relationship to another, the judgment or final order is his relationship to anoher,

the judgment or final order is conclusive upon the title to the thing, the will or
administration, or the condition, status or relationship of the person;
What is the effect of the probate or allowance of the will?
As stated in the above-mentioned provision that “Subject to the right of appeal, such
allowance of the will shall be conclusive as to its due execution.”
What is the effect of a judgment or final order on probate of the will, letters
administration of the fact of death of the testator or decedent?
The probate of a will or granting of letters of administration shall only be prima facie
evidence of the death of the testator or intestate.
Res judicata means that once a matter has been decided withfinality by a court, the
matter is conclusive as between the parties to the case and can no longer be
relitigated.
What is the rationals in the behind the doctrine of “res judicata”?
A The doctrine of res judicata is founded upon two grounds, namely: (1) public policy
and necessity, which dictates that it would be in the interest of the State that there
should be an end to litigation and (2) the hardship on the individual that he should be
vexed twice for the same cause
What are the two (2) aspects of the doctorine of “res judicata”?
The two (2) aspcts of res judicata are, bar by former judgment, and conclusiveness of
judgment ( collateral estoppel or auter action pendant).
Difference between the two aspects:
1. bar by former judgment, there is identity of causes of action between the prior and
the subsequent case while conclusiveness of judgment the causes of action are
different;
2. in the former, the prior case is conclusive not only as to the matters directly
adjudged but also to any other matter that could have raised in relation thereto, in
the latter the prior case is conclusive only in respect of the matters actually raised
and adjudged in the prior case;
3. in the former, it bars relitigation of a case, in the latter bars only the relitigation of
an issue;
4. in the former, it is a ground for a motion to dismiss, in the latter, it is not.
 Rule of conclusiveness of judgment applies to criminal cases.
What is the effect of a judgment or final order on matters directly adjudged

or any matter raised in relation thereto?

In other cases, the judgment or final order is, with respect to the matter directly
adjudjed or as to any other matter that could have been raised in relation thereto,
conclusive between the parties and their successors in interest by title subsequent to
the commencement of the action or special proceeding, litigating for the same thing
and under the same title and in the same capacity.
When does conclusiveness of judgment exist?
Conclusiveness of judgment finds application when a fact or question has been

squarely put in issue, judicially passed upon, and adjujed in a former suit by a court of
competent jurisdiction.
What are the effects of conclusiveness of judgment?
Conclusiveness of judgment estops the parties from raising in a later case the issues
or points that were raised and controverted, and were determinative of the ruling in
the earlier case.
What is the effect of a judgment or final order on matters which have been
adjudged in a former judgment or final order which appears upon its face
to have been so adjudged or any matter raised in relation thereto?
In any other litigation between the same parties or their successors-in-interest, that
only is deemed to have been adjudged in a former judgment or final order which
appears upon its face to have been so adjudged, or which was actually and necessarily
included therein or necessary thereto.
When does bar by prior judgment exist?
Bar by prior judgment” arises when, as between the first case where the judgment
was rendered, and the second case that is sought to be barred, there is identity or
parties, subject matter, and causes of action.
What are the requisites of res judicata/barred by prior judgment?
The requisites are: that there must be judgment rendered by a court of competent
jurisdiction which is based on the merits, and identity of parties and cause of action
between the two (2) cases.
What is the effect if the defense of barred by prior judgment is not pleaded?
Defense and objection on the ground of barred by prior judgment is not deemed
waived if not pleaded either in a motion to dismiss or in the answer.
What are the ground for the motu propio dismissal of the claim under Sec.
1, Rule 9?

Under the above-cited rule, when it appears from the pleadings or the evidence on
record the court shall motu propio dismiss the claim based on the following grounds,
to wit:
1) The court has no jurisdiction over the subject matter;

2) That there is another action pending between the same parties for the same
cause;
3) That the action is barred by a prior judgment; or
4) By statute of limitations.
Is barred by prior judgment an exception to omnibus motion rule?
Yes, barred by prior judgment is an exception to omnibus motion rule. (sec.9, Rule 15)
Is barred by prior judgment a ground for a motion to dismiss under the

amended rules on Civil Procedure?
Yes, barred by prior judgment is a ground for a motion to desmiss under Sec. 12 (a3)
of Rule 15.
What is the nature of the dismissal on the ground or barred by prior

judgment?
The dismissal of the action based on, barred by prior judgment iswih prejudice to
refilling of the action.
Read
Igot vs Valenzuela, December 5, 2018
Malion vs Alcantara GR No 141528 October 31, 2006
Ligtas v People August 17, 2015
Central Visayas Finance Corp vs Adlawan March 25, 2019
Sec. 48, Rule 39
What are the effects of foreign judgment?
The effect of a judgment or final order of a tribunal of a foreign country, having

jurisdiction to render the judgment or final order is as follows:
1) In case of a judgment or final order upon a specific thing, the judgment or final order
is conclusive upon the title to the thing; and
2) In case of a judgment or final order against a person, the judgment or final order is
presumptive evidence of a right as between the parties and their successors-in-
interest by a subsequent title.
What is an indispensable requirement for the enforcement of a foreign

judgment?

It is indispensable in an action for the enforcement of a foreign judgment is the
presentation of the foreign judgment itself as it comprises both the evidence and the
derivation of the cause of action.
What are the grounds to repel foreign judgment or final order?
In either case, the judgment or final order may be repelled by:
1) Evidence of a want of jurisdiction:

2) Want of notice to the party;
3) Collusion;
4) Fraud; or
5) Clear mistake of law or fact.
What is the requirement for a foreign judgment to be enforced in the

Philippines?
An action for the enforcement of a foreign judgment or final order in this jurisdiction is
governed by Sec. 48, Rule 39 of the Rules of Court.
What are the actionable issues in case of a foreign judgment which can be
reviewed under the “Lord Coke’s Doctrine”?
As stated in Sec. 48, Rule 39, the actionable issues are generally restricted to a review of
jurisdiction of the foreign, court, the service of personal notice, collusion, fraud, or
mistake of fact or law.
What is the duty of the petitioner in order that foreign judgment may be
recognized by Philippine Courts?
For Philippine courts to recognize a foreign judgment relating to the status of a marriage
where one of the parties is a citizen of a foreign country, the petitioner only needs to
prove the foreign judgment as a fact under the Rules of Court.
What is the qualification in order that foreign judgment may be recognized by

Philippine Courts?
To extend the effect if a foreign judgment in the Philippines, Philippine courts must
determine if the foreign judgment is consistent with domestic public policy and other
mandatory laws.
How to prove public documents in the official record.
A: The record of public documents referred to an in paragraph (a) of Sec. 19, when
admissible for any purpose, may be evidenced by:
1) An official publication thereof;or

2) By a copy attested by the officer having the legal custody of the record, or by his
deputy, and accompanied, if the record is not kept in the Philippines, with a
certificate that such officer has the custody.
What is an Appostille?
An Apostille is a certificate that authenticates the origin of a public document. It is issued

by a country that is party to the Appostille Convention to be used in another country
which is also party to the Convention.
What is the origin of an Apostille ?
A: On May 14, 2019, the Hague Convention Abolishing the Requirement of

Legalization for Foreign Public Documents (Apostille Convention) entered into force
for the Philippines.
In effect, Philippine public documents need not undergo diplomatic or consular

authentication in order to be used abroad in fellow Apostille-contracting countries.
When is Apostille Convention applicable?
The Apostille Convention only applies if both the country where the public
document was issued and the county where the public document is to be used are
parties to the Convention.
What is the purpose of Apostille?
The Apostille streamlines the whole authentication procedure of documents for use
abroad resulting to more convenience, less cost and processing time for the applicants.
What is the effect if the document is Apostillized?
With the Apostille, documents will no longer require legalization by the Foreign
Embassy if the country or territory of destination is already a member of the
Apostille Convention. Once Apostillized by the DFA, the document can be validly
used in any and all Apostille Counties.
What is the effect after authentication?
After Authentication (Apostillization) by the DFA, there is no more need for

legalization by the Foreign Embassies or Consulates except for countries that have
not acceded to the Convention.

How to allege official document or official act in a pleading?
In pleading an official document or official act, it is sufficient to aver that the document
was issued or the act was done in compliance with laws.
Note
 A minute resolution is anot a binding precedent since it is not published in the

Philippine Reports nor signed by the members of the court and certified by the
Chief of Justice.
 A foreign judgment which is final cannot be enforced in the Philippines by a motion
for execution. Hence, a petition for the recognition and enforcement of the foreign
judgment must first be filed in the Philippines. But if it does not grant any
affirmative relief ( decrees a divorce), a petition for recognition suffices.
 Article 1144 of the New Civil Code applies to foreign judgment.
 A foreign arbitral award cannot be enforced in the Philippines via Section 48, Rule
39 since it is not a foreign judgment.


Rule 39 Execution, Satisfaction and Effect of Judgement (Rule 39)

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Rule 39 Execution, Satisfaction and Effect of Judgement (Rule 39)

Uploaded by

Copyright:

Available Formats

Rule 39

EXECUTION, SATISFACTION AND EFFECT OF JUDGEMENT (RULE 39)

For Civil Procedure Class ( AY 2020-2021) use only.

 No court should interfere, by injunction or otherwise, to restrain such execution,

For Civil Procedure Class ( AY 2020-2021) use only.

Can one court by injunction or restraining order stop the execution of a

NO, because that will amount to interference.

For Civil Procedure Class ( AY 2020-2021) use only.

1.) Rule 38, Section 5, (Petition for Relief from Judgment):

What are the classes of execution under the law?

2.) DISCRETIONARY execution ( Execution Pending Appeal (Section 2)

As to how it is enforced (Section 6):

What is the nature of an order of execution?

For Civil Procedure Class ( AY 2020-2021) use only.

For Civil Procedure Class ( AY 2020-2021) use only.

a) Court which can Order Execution Pending Appeal:

A several, separate, or partial judgment may be executed under the same

For Civil Procedure Class ( AY 2020-2021) use only.

What will happen if there are no good reasons?

For Civil Procedure Class ( AY 2020-2021) use only.

For Civil Procedure Class ( AY 2020-2021) use only.

 A final and executory judgment or order may be executed on motion within

The two (2) modes of enforcing a judgment are as follow:

For Civil Procedure Class ( AY 2020-2021) use only.

What is the purpose of the law in prescribing time limitations for

For Civil Procedure Class ( AY 2020-2021) use only.

For Civil Procedure Class ( AY 2020-2021) use only.

 How will you enforce a dormant judgment?

For Civil Procedure Class ( AY 2020-2021) use only.

What is the requirement for the issuance of writ of execution in relation to

For Civil Procedure Class ( AY 2020-2021) use only.

In these exceptional circumstances, considerations of justice and equity dictate

What are the grounds for the quashal of writ of execution?

1. When the writ of execution varies the judgment;

For Civil Procedure Class ( AY 2020-2021) use only.

How will a judgment for money be executed?

The judgment obligor upon demand of the sheriff shall:

What is the requirement in case of execution of monetary judgment?

If the judgment oblige or his athorized representative is not present to receive

What is the duty of the sheriff upon receipt of the payment?

The sheriff shall:

For Civil Procedure Class ( AY 2020-2021) use only.

What is levy on execution?

What is the importance of valid levy?

For Civil Procedure Class ( AY 2020-2021) use only.

What is the order of preference in the levy of properties of the judgment

What are the properties which can be levied upon?

Can a mortgaged property be levied upon?

For Civil Procedure Class ( AY 2020-2021) use only.

What is the effect of garnishment?

The garnishment of property to satisfy a writ of execution operates as an attachment and

What will be covered by garnishment?

The garnishee upon receipt of notice of garnishment shall:

For Civil Procedure Class ( AY 2020-2021) use only.

Can the government funds be subject of garnishment or levy?

Government funds may not be subject to garnishment or levy, in the absence of

What procedure shall be observed by the executing sheriff?

 Three classifications of judgment which are subject of execution”

Sec. 10, Rule 39

How will the execution of judgment be made in case of conveyance, delivery of

If a judgment directs a party who execute a conveyance of land or personal property, or

For Civil Procedure Class ( AY 2020-2021) use only.