MCF No. 39.

1
Motion for Execution

Original – Court, 1st Copy – Plaintiff, 2nd Copy – Defendant, Other copies as needed
Enter information in block letters in all parts of the Form except when reserved for Court
use, which shall be completed by the Clerk.
For Court Use Only
(Judicial Region)

(Municipality/City/Province)

 METC/MTCC/MTC/MCTC
 RTC

BRANCH
Case No.
Plaintiff/
Petitioner , v.
Defendant/
Respondent

COUNSEL OR PARTY WITHOUT COUNSEL

Name
Firm Name
Address
Email Address
Tel./Cel./Fax Nos.
PTR No. Date/
Roll No. Place of Issue
IBP No.  Lifetime
 Date/Chapter

MCLE  Compliance
Exemption No.
Other Compliances
Attorney for
 Plaintiff/
Petitioner
 Defendant/
Respondent
 Other

MOTION FOR EXECUTION

UNDER RULE 39.1

(name)
moves for the issuance of a writ of execution, and states:

On , the issued a
(date) (court)
 decision final order. The original/certified true copy/duplicate
original decision/final order sought to be executed is attached as an
annex.

On ________________, the _______ Court issued

(date)
 an Entry of Judgment, the original/ certified true copy/
duplicate original of which is attached as an annex.

page 1 of 4
  a Certificate of Finality, the original/ certified true copy/
duplicate original of the Certificate of Finality is attached as
an annex.

PROOF OF SERVICE
A copy of this Motion was served upon:
Person’s Name Method Place Served Date Served
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Proof of such service is attached to this Motion as an Annex.

Date Party/Party’s Counsel Name and Signature

ORDER

After a review of the Motion and  Comment/Opposition  Reply, the Motion is

 granted. Let a writ of execution issue to enforce the ______ Court’s decision/final
order dated _____________________.
(date)
 denied because _____________________________________________________.
(date)
 set for hearing on _______________________________.

Judge Date

SPECIAL INSTRUCTIONS

MOTION FOR EXECUTION page 2 of 4

COMMENT OR OPPOSITION TO THE MOTION
The adverse party may file a Comment or Opposition to the motion within a non-
extendible period of fifteen (15) days from receipt of the Motion and its annexes.

REPLY TO COMMENT OR OPPOSITION

No Reply shall be filed unless with leave of court.

PROOF OF SERVICE AND EXPIRATION OF TIME TO FILE COMMENT OR

OPPOSITION
No written motion shall be acted upon by a court without proof of service on the other
parties as required in Rule 18.14 and until the time to file the last required pleading
expires.

EXECUTION UPON JUDGMENT OR FINAL ORDER OF AN APPELLATE COURT

AS A MATTER OF RIGHT
Where the appellate court’s decision has already become final and executory, a motion
for execution of the decision shall be filed only with and resolved by the court of origin.
(Rule 52.1, ¶ 5)

EXECUTION BY MOTION OR BY INDEPENDENT ACTION

A final and executory judgment or order may be executed on motion within five (5) 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 action. Such 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. (Rule 52.6)

EXECUTION IN CASE OF DEATH OF PARTY

(a) In the execution of a money judgment:
1. if levy on execution of the judgment had already been made at the time the
judgment obligor died, the action will not be dismissed and shall proceed to
execution sale;
2. if the judgment obligor died prior to the levy, the action will be dismissed, and the
judgment shall be enforced solely against the estate.
(b) Execution of judgments for a specific act may be issued or enforced in the following
manner:
1. in case of the death of the judgment obligor, against the executor or administrator
or successor in interest, if the judgment is for the recovery of real or personal
property, or the enforcement of a lien on said property;
2. in case of the death of the judgment obligor, after execution is actually levied upon
any of the judgment obligor’s property, such property 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. (Rule 52.7)

MOTION FOR EXECUTION page 3 of 4

 SAMPLE
FOR
ACADEMIC
USE ONLY

MOTION FOR EXECUTION page 4 of 4