RULES OF CIVIL

PROCEDURE
Section 14 to 35, RULE
39
SECTION 14,
RULE 39
 RETURN OF
WRIT OF EXECUTION
The writ of execution shall be returnable to the court immediately after
the judgment has been satisfied in part or in full.

If judgment cannot be satisfied within 30 days,

The officer shall report to the court and state the reason therefor.

Lifetime of the Writ:

The Writ is enforceable within a five (5) year period from entry of
judgment.
SECTION 15,
RULE 39
 NOTICE OF EXECUTION SALE
It is the sale made to satisfy money judgment.

Before the sale of property on execution,

notice thereof must be given.

PERISHABLE PROPERTY  by posting written notice of time and

place in 3 public places where the sale is
to take place for such time reasonable
considering the character and condition
of the property..

OTHER PERSONAL  by posting SAME written notice of time

PROPERTY and place in 3 public places for not less
than five (5) days
 NOTICE OF EXECUTION SALE
REAL PROPERTY
 by posting for 20 days similar notice in 3
public places particularly describing the
property and stating here the property is
to be sold.

Properties with assessed value  by publishing a copy of the notice once a

week for two (2) consecutive weeks in
exceeding P50,000 one newspaper selected by raffle.

IN ALL CASES, a written notice of the sale shall be given to the

judgment obligor, at least three (3) days before the sale.

EXCEPT where notice shall be given at any time before the

sale specifying the place and exact time of the sale. Between
9:00 AM and 2:00 PM.
 PLACE OF SALE
A. Agreed upon by the parties;
B. In the absence of an agreement, the sale will be held in:
 SALE OF REAL/ PERSONAL PROPERTY NOT
CAPABLEOF MANUAL DELIVERY
 Office of the Clerk of Court of MTC
 RTC which issued the writ
 Designated by the appellate court
 SALE OF PERSONAL PROPERTY CAPABLE OF
MANUAL DELIVERY
 Place where the property is located.
SECTION 16,
RULE 39
PROCEEDINGS WHERE PROPERTY
IS CLAIMED BY THIRD PERSON
If the property levied on is claimed by any person
other than the judgment obligor or his agent and
who makes an affidavit of title or right to the
possession and serves upon the same upon the
officer making the levy and a copy thereof upon
judgment obligee, the officer is not bound to keep
the property unless the oblige files a bond
approved by the court to indemnify third party
claimant of the property levied on.
PROPERTY LEVIED IS CLAIMED BY
THIRD PERSONS
WHO MAY FILE THIRD PARTY CLAIMS?

Answer:
Any other person other than the judgment obligor or his agent.
WHAT ARE THE REMEDIES UNDER
THE RULE?
DAMAGES AGAINST ANY PROPER
TERCERIA THE BOND ACTION

TERCERIA
He may avail of terceria by serving on the levying officer an affidavit of
his title or right of possession over the levied property and serving also a
copy to the judgment creditor.

When to file?
A terceria may be filed at any time, so long as the sheriff has the
possession of the property levied upon, or before the property is soled
under the execution.
 PROCEDURE IN MAKING A
TERCERIA
Affidavit of his/ her title or right of possession over the property and
stating the grounds of such right or title.

Serve the affidavit upon the sheriff and a copy thereof upon the
judgment obligee.
 EFFECT OF TERCERIA
Sheriff shall not be bound to keep the property.

UNLESS, judgment obligee files an indemnity bond .

Approved by the court The court issuing the

in a sum not less than DISAGREEMENT writ shall determine
the value of property the amount of bond.
WHAT ARE THE REMEDIES UNDER
THE RULE?

AGAINST THE BOND

He may also file a case for damages against the bond issued by the
judgment debtor within 120 days from the date of the filing of a bond.

INDEMNITY BOND
It is to indemnify third party claimant in a sum not less
than the value of the property levied on. It is such bond
which a third party claimant can enforce against.
EXCEPTIONS IN THE FILING OF A BOND
If the writ of attachment is issued in favor:
• Republic of the Philippines;
• Any officer duly representing the Republic
WHAT ARE THE REMEDIES UNDER
THE RULE?

ANY PROPER ACTION

He may file “any proper action” to vindicate his claim to the property.

IN THE SAME/ IN A SEPARATE ACTION

 NAGUIT v. COURT OF APPEALS

FACTS:
Pursuant to a Writ of Execution, a notice of levy was annotated at the back of the title of a
condominium unit and which was sold at an auction sale. Petitioner Norvenia, the wife of Rolando
Naguit, filed for the annulment of sales and for damages alleging that the debtof her husband
should not be charged to the conjugal partnership of gains or to her exclusive property which was
denied by the trial court ruling that it cannot exercise jurisdiction over the subject matter as it
should have been raised before the court which authorized the levy of property. On appeal, it
upheld the RTCs ruling the issue should have been presented as a third party claim because the
spouse cannot be considered as a stranger to the issuance of writ of execution.

ISSUE:
Whether or not the spouse can bring an independent
action for her claim of ownership
 NAGUIT v. COURT OF APPEALS

RULING:
The petition is imbued with merit. Under the Section 17 of the old Rules of Civil
Procedure, “Proceeedings here property claimed by third person.”, If the property levied on is
claimed by any person other than the judgment obligor or his agent, and such person makes an
affidavit of his title thereto or right to the possession thereof, stating the grounds of such right or
title, and serves the same upon the officer making the levy and copy thereof, stating the grounds of
such right or tittle, and a serves the same upon the officer making the levy and a copy thereof upon
the judgment obligee, the officer shall not be bound to keep the property, unless such judgment
obligee, on demand of the officer, files a bond approved by the court to indemnity 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. 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 one hundred twenty (120) days from the date of the filing of the
bond.

Nothing herein contained shall prevent such claimant or any third person from vindicating his
claim to the property by “any proper action”.
 DAMAGES AGAINST ANY PROPER
TERCERIA THE BOND ACTION

These remedies are cumulative. Meaning, the claimant

may avail any of them separately without availing of the
others. (Naguit v CA)

Proceedings where property is claimed by third person are

the same as to a judgment obligee in final and executory
judgments, attachment and replevin.
PRELIMINARY ATTACHMENT
It is a remedy applied for to enable an attaching party desiring to secure
judgment that he/she may obtain in the suit.

When is it to be filed?
At the commencement of an action or at any time before entry of
judgment.

To keep the property in the possession of the sheriff,

the attaching party or his agent, on demand of the
sheriff shall file a Indemnity Bond approved by the
court in a sum not less than the value of the property.
 REPLEVIN
It is a remedy applied for to recover possession of a personal property
which is both a principal and a provisional action.

As a principal action, the objective is to recover possession of personal

property wrongfully detained by another.

As a provisional remedy, the objective is to allow the plaintiff retain the

contested property during the pendency of an action.

Who may apply?

Any person or party praying for the recovery of possession of
personal property.
 MANNER OF APPLICATION

• Applicant must show in his affidavit:

 That he is the owner or is entitled to the possession of the property;

 That it was wrongfully detained by the adverse party stating the cause of detention;
 That the property has not been distrained for tax assessment, fined or seized under
writ of execution or attachment or otherwise placed under custodia legis;
 Or if seized, that it is exempt from such seizure; and
 The actual market value of the property.

• Filing and approval of replevin or indemnity bond.

SECTION 17,
RULE 39
 FAILURE FOR SELLING WITHOUT
NOTICE, REMOVING OR DEFACING
NOTICE

The ff are liable for actual and punitive damages:

 An officer selling without the notice required

Penalty P5,000.00;
 A person willfully removing or defacing the notice
posted, if done before the sale or before satisfaction of
judgment if satisfied before the sale.
Penalty P5,000.00

Actual and punitive damages may be recovered by motion

in the same action.
SECTION 18,
RULE 39
MAY THE SALE OF THE PROPERTY ON
EXECUTION BE PREVENTED?

A. If at anytime before the sale of the property on execution,

judgment obligor may prevent the sale by paying the amount
required by the execution and the costs that have been incurred
therein.
 SALE IN EXECUTION & SALE IN JUDICIAL
FORECLOSURE OR MOTGAGE
ORDINARY EXECUTION SALE
• No need for court
confirmation
• Right of redemption exist in
real property
• Title is acquired after the
expiration of the period of
redemption when the final
deed of conveyance is
executed.
SALE IN JUDICIAL FORCLOSURE
OR MORTGAGE
• Must be confirmed by the
court
• No right of redemption
EXCEPT:
Where the mortgagee is a
bank or a banking institution.
• Title is acquired upon entry of
the confirmation and
registration of the foreclosure
sale.
SECTION 19,
RULE 39
 MANNER OF SALE
Sales of property under execution must be made:
 At a public auction;
 To the highest bidder; and
 To start at the exact time fixed in the notice.

After sufficient property has been sold to satisfy the execution, no more shall
be sold and any excess property or proceeds 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.
 MANNER OF SALE
REAL PROPERTY  Must be sold separately
consisting several lots

PERSONAL PROPERTY  Sold within the view of those attending

capable of manual delivery  In such as are likely to bring the highest
price
 Judgment obligor may direct the order of
sale of real or personal property

NOT ALLOWED AS PURCHASERS:

× Officer conducting the execution sale;
× His/ her deputies
SECTION 20,
RULE 39
WHAT HAPPENS IF THE PURCHASER
REFUSES TO PAY?

 The officer may again sell the property to the highest

bidder ;
 The officer shall not be liable for the loss occasioned in
the refusal of the purchaser
 The court may order the refusing purchaser to pay
into the court the amount of such loss; and
 Punish the purchaser for contempt if he disobeys the
order.
 The officer may thereafter reject any subsequent bid
of purchasers who refuses to pay;
SECTION 21,
RULE 39
WHAT IF THE JUDGMENT OBLIGEE IS
THE PURCHASER?

 He need not pay the amount if it does not exceed the

amount of his/ her judgment.
 If it does exceed, he/she shall only pay the excess.
SECTION 22,
RULE 39
 ADJOURNMENT OF SALE

WITH WRITTEN CONSENT OF OBLIGOR & OBLIGEE

OR THEIR DULY AUTHORIZED REPRESENTATIVES

The officer may adjourn the sale to any date and time agreed upon by them

WITHOUT WRITTEN CONSENT OF OBLIGOR &

OBLIGEE OR THEIR DULY AUTHORIZED
REPRESENTATIVES

The officer may adjourn the sale from day to day if it becomes necessary
to do so for lack of time.
SECTION 23, 24, 25,

RULE 39
CONVEYANCE TO THE PURCHASER
PERSONAL PROPERTY
capable of manual delivery
 The officer making the sale must deliver
the property to the purchaser
 If desired, he may execute and deliver to
him/her a certificate of sale

 The officer must execute and deliver a

PERSONAL PROPERTY CERTIFICATE OF SALE conveying all
NOT capable of manual delivery the rights which the judgment obligor
had in the property as of the date of the
levy on execution or attachment.

CERTIFICATE OF SALE MUST BE:

 Filed and registered with the registry of deeds of the place where the property
is situated;
 It must contain: particular description of real property, price paid for each or
as a whole, and a statement that the right of redemption expires 1 year from
date of registration of sale.
SECTION 26,
RULE 39
WHAT IF THE PROPERTY IS CLAIMED
BY THIRD PERSON?
CERTIFICATE OF SALE MUST MAKE AN
EXPRESS MENTION OF THE EXISTENCE OF
SUCH THIRD PARTY CLAIM.
SECTION
27 & 28,
RULE 39
 REDEMPTION

CONVENTIONAL
The seller reserves the right to repurchase the thing sold coupled with the obligation
to return the price of the sale, expenses of contract and other legitimate payments,
necessary and useful expenses.
It must be made at the perfection of sale.

LEGAL
The right to be subrogated upon the same terms and conditions stipulated
in a contract in place of the person who acquires the thing by purchase or
by dation en pago or by other transaction whereby ownership is
transmitted by onerous title.
 RULES ON REDEMPTION
The Right of Redemption is only for real properties.
Who may redeem?
 The judgment obligor;
 His/her successor in interest in
whole or any part of the property.
 A creditor having a lien by
attachment, judgment or mortgage on
the property sold or some part
thereof subsequent to the sale.
(REDEMPTIONER)
Period to redeem?
 ONE (1) year from date of
registration of the sale
 FIRST REDEMPTIONER
ONE (1) year from date of
registration of the sale.
 SUBSEQUENT REDEMPTIONER
SIXTY (60) days from date of last
redemption.
 REDEMPTION PRICE
If redeemed by: Period to redeem?

 The judgment obligor or first redemptioner;

 PURCHASE PRICE
 1% interest per month up to redemption
 Any amount of tax assessments or taxes paid
after purchase + interest

 A creditor having a prior lien to the  PURCHASE PRICE

redemptioner  1% interest per month up to redemption
 Any amount of tax assessments or taxes paid
after purchase with interest.
 The amount of such lien + interest with
interest.

 Subsequent redemptioners  Amount paid on the las redemption

 2% interest per month up
 Any amount of tax assessments or taxes paid
after purchase with interest.
 The amount of such lien + interest with
interest.
SECTION 29,
RULE 39
 EFFECT OF REDEMPTION
 Judgment obligor after payment of redemption price is restored
to his estate.

 The person to whom the redemption payment is made must execute

and deliver to him a certificate of redemption acknowledged before
a notary public or other officer authorized to take
acknowledgments of conveyances of real property.

 CERTIFICATE OF REDEMPTION must be filed and

recorded in the registry of deeds of the place where the property is
located.
SECTION 30,
RULE 39
 WHAT IS THE PROOF OF REDEMPTION
REQUIRED BY REDEMPTIONER?

 Copy of judgment or final order certified by the clerk of court where

the final judgment is entered;
 If the redemption is made upon a mortgage or other lien, a
memorandum of the record certified by the registrar of deeds, or an
original or certified copy of any assignment necessary to establish her
claim; and
 An affidavit executed by him/her or his/her agent showing the amount
due on the lien.
SECTION 31 & 32,
RULE 39
 USE OF PROPERTY PENDING
REDEMPTION

Until the expiration of the time allowed for redemption, the

court may:

 REFRAIN the commission of WASTE on the property by

INJUNCTION, on the application of the purchaser or
judgment obligee, with or without notice.
 NOT CONSIDERED WASTE
× To continue to use the property in a manner in which it was
previously used;
× To use it in the ordinary course of husbandry; or
× To make necessary repairs to the building while he/she
occupies the property.

RENTS, EARNINGS AND INCOME

× Shall belong to the judgment obligor until the expiration of

the period of redemption
SECTION 33,
RULE 39
 WHAT IF NO REDEMPTION
WAS MADE?

 If the redemption is not made within one (1) year, The purchaser is
entitled to a conveyance and possession of the property;
 If redeemed whenever the sixty (60) days have elapsed, no no other
subsequent redemption was made, the last redemptioner is entitled
to a conveyance and possession of the property.
SECTION 34,
RULE 39
 Recovery of Price if Sale is not
Effective

 The purchaser may recover the purchase price if:

 Purchaser or his/her successor in interest fails to recover the
possession thereof
 Purchaser or his/her successor in interest is evicted.

HOW?
 Filing a motion to recover from judgment obligee the price
paid with interest
 Filing a motion to have the original judgment revived in his/her name
for the whole price with interest .
SECTION 35,
RULE 39
 What is the Right to Contribution or
Reimbursement?
 This concerns a property liable to an execution against several
persons which proceeds is more than the due proportion of the sale
of the property of one
 One pays more than his proportion.

REMEDY OF THE OBLIGOR?

 Contribution and reimbursement may be obtained in a
separate action, unless cross claims have been filed and
adjudicated in the same action.
 Execution may issue to compel contribution and
reimbursement.