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Rule 39 Sec 1 24
Rule 39 Sec 1 24
Section:
Section: 1-24
1-24
Calalang, Cedri
Ginete, Alexei
Jurado, Khristia
Pascual, Justine
Regio, Rex
Vivero, Miguel
What is execution?
• It is the remedy afforded for the
satisfaction of judgment and considered as
the fruit and end of the suit/ life of the law
When it is to be issued? What is the portion to be executed?
• Upon the finality of • Fallo or the
judgment dispositive portion
As a matter of right? (Sec 1)
Remedy:
• Stay of Execution- Temporary Suspension of
The Execution Order
• Quashal of the Writ of Execution
• Circumstances:
o Varies Judgment
o Change in situation making it unjust
o When it is enforced against property exempt
o Controversy has never been submitted to
judgment of court
o Terms are not clear
o Writ is improvently issued
o When it is defective in substance
Where application of execution made?
• Execution shall be applied in the court of origin
• What if there’s an appeal which is perfected
and finally resolved?
o The Execution may still be applied in the court of origin
upon motion of the judgment oblige
• General Rule: No
o Exception: Discretionary Execution
Discretionary Execution
• It is the exception to the General Rule that
a judgment can’t be executed before the
lapse of the period for an appeal or when it
is still pending
• It is not a matter of right but a
discretionary powers of the court
• As being a discretionary power, it can only
be prayed or hoped for
Discretionary Execution
Execution by independent action if the 5 year has elapsed and before it is barred by statute
of limitation (Sec 6)
• Revival of Judgment – procedural means of securing the • The revival of judgment is a new action but only as to the
execution of a previous judgment which has become issue of the right of the plaintiff to have a judgment revived.
dormant after the passage of 5 years without being • Exception when a mere motion may grant the execution of
executed upon motion of the prevailing party judgment after 5 years from the date of entry: The delay is
• Subject to defenses such as: matters of jurisdiction, caused or occasioned by actions of judgment and or
prescription, payment or other defenses incurred for his benefit or advantage (2) by the agreement
of parties to suspend the further enforcement of the writ
• It is not intended to re-open any issue affecting the merits of
judgment nor the correction of 1 st judgment • When the 5 year and 10 periods do not apply?
• It must be filled within 10 years from finality of judgment o Special Proceedings such as: land registration and
cadastral cases
o Judgment for support wich do not become dormant
SEC. 7. Execution in case of death of party
Effect of death in execution
• Judgment Obligee: It will not prevent the execution of
judgment, it may be issue upon the application of his executor,
administrator or successor in interest
a) If execution be against the property of the judgement obligor, to satisfy the judgement with interest, out of the
real or personal property of such judgement obligor.
b) If it be against real or personal property in the hands of personal representatives, heirs, devisees, legatees,
tenants or trustees of judgement obligor, to satisfy the judgement with
interest, out of such property
c) If it be for the sale of real or personal property, to sell such property, describing and apply the proceeds in
conforming with the judgement, the material parts of which shall be recited in the writ of execution.
d) 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 judgement
out of the personal property cannot be found, then out of the real property.
e) In all cases, the writ of execution shall specifically state the amount of the interest, costs, damages, rents or
profits due as of the date of the issuance of the writ, aside from the principal obligation under the judgement. For this
purpose, the motion for execution shall specify the amounts of the foregoing relief sought by the movant.
Forms and Contents of writ Execution
Supposing A is the judgment obligor in a certain case and because of his failure
to pay the full amount in cash, the sheriff levied immediately his property
located in Rizal. Is the act of the sheriff proper?
• No, under Sec 9 of the same rule, the judgment obligor has the option to
choose which of his property not exempt from execution may be levied
upon. It is only when the judgement obligor does not exercise the option to
choose that the sheriff shall levy on the personal properties first and then on
the real properties are insufficient
Rule 39 (Sec 9)
The court executed a land to B and upon the act of execution the officer
remove the trees and other improvements as he contend that it is not
subject to the possession of the oblige or the new owner? Is the act of
the officer valid?
• No, these acts may only be done by the officer upon a special order by the
court which shall be issued upon motion by the obligee and upon hearing
and only after the obligor fails to remove them. (Sec. 10 [d])
Rule 39 (Sec 10)
When the judgement refuses to give possession of the property ordered by the writ of
execution can the party be held in contempt of court?
• No, the proper procedure is that the officer should dispossess him of the property and if after the
dispossession, the judgement obligor still refuses then may he be punished for contempt.
(Fuentes et. Al. Vs Leviste, Pascua vs. Heirs of Segundo Simeon)
Can the judgment obligee immediately take possession of the personal property that is
the subject of the execution?
• No, The officer shall take possession of the personal property first before delivering it to the pary
entitled thereto. (Sec. 10 [e])
SEC. 11. Execution of special judgments.
• What are Special Judgments?
Special Judgments are judgments which require
the performance of any act, other than the
payment of money, sale or delivery of real or
personal property.
Rule 39 (Sec 11)
General Rule: Except as otherwise expressly provided by law, the following property,
and no other, shall be exempt from execution: (See Sec. 13)
"exemptions under this rule are confined only to natural persons and not to juridical
entities.“ (D’armoured securities and investigation agency inc. vs. Opria et al)
"a claim for exemption from execution of the family home should be set up and
proved before the sale of the property at public auction, and failure to do so would
estop the party from later claiming the exemption." (Josef vs Santos)
Within what period should a writ of execution be returned and
to whom?
o Exception: When judgment obligee, on demand of the officer, files a bond approved
by the court to INDEMNIFY the claimant in a sum not less than the value of the
property levied upon
What is the object of such third-party claim?
• Independent separate action to vindicate the claim: He may vindicate his claim
to his property wrongfully levied by filing a proper action that is distinct and
separate from that in which the judgment is being enforced. (Capa vs CA el al.,
GR No. 160082)
• If a separate action is the recourse, Third-party claimant must institute in a
forum of competent jurisdiction an action, distinct and separate from the
action in which the judgment is being enforced, even before or without need
of filing a claim in the court that issued the writ. (Sps Buado vs. CA)
What if the third-party claim is frivolous or spurious?
o Issue: WoN the husband of the judgment debtor may file an independent action
to protect the conjugal property subject to execution.
What is the difference between a third party
claim and a third party complaint?
Filed by third-party claimant who is a stranger Claim that a defending party may, with leave of
to the principal action where the writ was court, file against a person not a party to the
issued action for contribution, indemnity, subrogation
or any other relief, in respect to his opponent’s
claim
Filed or served or the sheriff enforcing the writ Filed with clerk of court
Filing will discharge sheriff from the duty of Its filing will make the Third-party defendant a
keeping the property to serve the purpose of party to the principal action
the writ
Notice of sale of property of execution under Sec. 15
• Perishable Property
• Other personal
• Real Property
Is there a penalty for selling without
notice? Who may be held liable?
• At Public Auction
• To the highest bidder
• To start at the exact time fixed by the notice
What happens if, after the sale, there are excess properties
or proceeds of the sale?
-REAL PROPERTIES
-PERSONAL PROPERTIES
Who shall direct the sale on execution of real and personal properties?