4. Controversy has never been submitted to the Judgment ofthe court; 5. Terms of judgment are not clear and there ‘remains room for interpretation; 6. Writ of execution is improvidentiy issued; 7. Writ of execution is defective in substance; 8. Writ of execution is issued against the wrong partys 9. Judgment debtor has been paid or otherwise satisfied; and 10. Writ of execution was issued without authority, Section 9. Execution of judgments for money, how enforced ‘3 WAYS TO ENFORCE A JUDGMENT FOR MONEY 1. Immediate payment on demand Te ee eur ‘The sheriff may levy on debts due to the debtor, or other credits, including bank deposits, financial interests, royalties, commissions and other personal property, not ‘capable of manual delivery in the possession or control of 3° parties. Notice served on 3 party (garnishee), GENERAL RULE: All property belonging to judgment ‘obligor not exempt from execution may be attached. EXCEPTIONS: 1. Usufruct; 2 Ascertainable interest in real estate as ‘mortgagor, mortgagee, or otherwise; and 3. Unused balance of an overdraft account (credit not subject to garnishment). evy on personal property may be actual or constructive Judgment obKgor shall pay in cash, cert “Se ier on a tage by egetaton n/ Mapes Gat Guned Bigpastructive). Bayable to the judgment obligee, or any Sther form of Payment acceptable tothe later. Payment is made to the judeyient obliges of rprecentatve, or # not present, to the shee lt racine tases GE 96 A 2. Satisfaction bylewy | oe LEVY — An act by which an afficer sefs apart appropriates 2 part or whole of Judement debtor for purposes ofthe execution sale.” The officer shall levy upon properties of obligor not otherwise exempt from execution. s ‘The judgment obligor exercises discretion to choose which roperty to levy; if not exercised, the officer shall levy First ‘on personal property, then on real property. ‘The sherif shall sell only property sufficient to satisty the judgment and other lawful fees, The levy on execution creates a lien in favor of the judgment obligee 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. 3. Garnishment of debts and credits GARNISHMENT ~ An act of appropriation by the court when the property of the debtor isin the hands of third persons, + yA. Conveyance, delivery of deeds, or other specific acts vesting tite; J), AE Lparty feito comply within the time specified, the ‘Fo¢§ Court may direct the act to be done at the cost of the disobediegt party. ‘personal property situated within the Philippines: = court in few of conveyance may give order divesting title and may vest it in others. 2. Sale of real or personal property; 3. Delivery or restitution of real property: ‘The officer shall demand the losing party to peaceably vacate the property within 3 working days, and restore possession to judgment obligee; otherwise, the officer shall oust such disobedient party 4 Removal of improvements on property subject of execution; and, Officer shall_not destroy, demolish, or remove improvements except upon special order ofthe court. Advisers Ay. Gaevara Atty, krroy, Ath Salvadox Ay Vinluan judge Bolla; Heads rissa Faylona, Mania Wrist Santas Understudy: Roxanne Tadique, Alexis Cimagala; Volunteers: Grace Escotia na Banka Sika, Nash Marchomsalc, KSuarer.—REMEDIAL LAW REVIEWER. Special order issued upon motion, after judgment obligor fallad to remove the same. 5. In judgments for the delivery of personal property, the officer shall take possession of the same and fortwith deliver it to the party entitled to satisfy any judgment for money a therein provided. Failure to comply with spedtic acts under Rule 39 Sec. 10 fs not necessarily punishable by contempt. However, if a party refuses to: 1. Vacate the property — The sheriff must oust the party. A demolition order from the court is Fequired to effect removal of an improvement constructed by the defeated party. 2. Deliver ~ The sheriff will take possession and required party performed iy es eae OPERATIONS 20/0 Create alien in favor of the judgment obiigee over the ‘ight, title and interest ofthe judgment obligor. Section 13. Property exempt from execution PROPERTIES EXEMPT FROM EXECUTION 1. Fartily home, or homestead, land necessarily used in- connection therewith; 2 Ordinary tools and implements used in trade, employment, or livelihood; 3-3 horses, cows, carabacs, or other beast of burden necessarily used in his ordinary occupation; 4 Necessary clothing and articles for ordinary personal use, except jewelry; 5. Household furniture and utensils necessary for ‘housekeeping that is P100K; 6. Provisions for individual or family use sufficient for 4 months; __ Suppibetof family within 4 months preceding levy; Lettered gravestones; deliver it to the winning party. Professional ibraries and equipment; 3. Comply ~ The court can appoint zortif other shine boat and accessories < PI00K used in person at the expense of the di party and the act shall have the sarfe effect as ifthe s sioges, or eamings as ace necessary for 2 OF No time limit within which an order of be carried out; defeated party is ‘0 look for another place. E EXCEPTION: Writ of Execution must ‘years and order of demolition is ancillary Certiorari is avaitable if requirements for sua of demolition are not followed ‘Section 11. Execution of special judgment SPECIAL JUDGMENT - One that can be complied with only by the judgment obiigor himself Itrequires the performance of any other act than payment of money, or the sale or delivery of real or personal Property. Follure to comply with special judgment under Section 21. 's punishable by contempt by imprisonment. Section 12. Effect of Levy on execution as to third persons Advisers: Atty. Guevarr Atty, Arroyo Aity Sehdor Ay, Vinuan Judge Bonifacio; Heads: Carissa Favdona, Maria Krstaa Monies, bepefis,prleges, or annuities acening out ot ane prance: and Properties pecly remot irom execton J mortgaged to DBP (Section 26, CA 458); ‘taken over by Alien Property Administration ‘If US Trading With The Enemy Act; Svirgs of nalonal prisoners deposited wih the Postal Savings Bank (Act 2489}; Backpay of pre-war civilian employees (RA 304); 5. Philippine Government backpay to guerilas (RA 897}; 6. Produce, work animals, and farm implements of ‘agricultural lessees, subject to limitations (Section21, RA6355); 7. Benefits from private retirement systems of companies and establishments, with limitations (RA 4917): 8. Labor wages, except for debts incurred for food, shelter, dothing, and medical attendance (Art. 1708, NCC}, 2. Benefit payments from the 555 (Section 16 RA 1161 0s ‘omended by PDs 24, 65, and 177); 10. Copyrights and other rights in intellectual property under the former copyright law (2D 49 cf. Section 239.3, RA 8293); and, 41. Bonds issued under RA 1000 (NASSCO ¥. CIR L-17874 31 August 1963) (Regolado, F. Remedial Low Compendium Vol 1," ed, pp. 481-482). Understudy: Roxanne Tadique, Alexis Cimagala; Velunters: Grace Escosia, ina Bianke Sv, Nash Marohomsalic K suarered Ly OPERATIONS 2010 Section 14. Return of writ of execution Wait of execution is returnable to the court after judgment is satisfied. ‘Sherif shall report to the court within 30 days after receipt ‘and every 30 days until the judgment is satisfied in full or Its effectivity expires. Lifetime of writ of execution ~ 5 years from entry of judgment The rules do not provide any lifetime for a writ of attachment unlike a writ of execution. Section 15. Notice of sate of property on execution PuRPOse oF 3” PARTY CLAIM, 1 To recover, property levied on by shertf (although 3" party can vindicate claim in a separate action} and 2. hold sherif fable for damages forthe taking ‘or keeping of such property WHEN TO FILE A" PARTY CLAIM ‘At any time, so a long as the sheriff has the possession of ‘the property levied upon, or before the property i sold under execution. WHAT (S THE PROCEDURE FOR A 3"° PARTY CLAIM, 3% party should make an affidavit of his thle thereto, or Fight of possession thereof, and should serve such affidavit upon the sheriff end a copy thereof to the judgment oblige. ‘the Judgment obligor, atleast 3 days! EFFECTS OF AN EXECUTION SALE WITHOUT THE REQUIRED NOTICE 1. Sheriff and creditor are joint tortfeasors; and 2. able in sofidum because lability is joint and solidary. Want of notice does not invalidate the execution sale where purchaser is innocent and no collusion appears (buyer in good faith). ‘Section 16. Proceedings where property daimed by third persons 3! PARTY CLAIM ‘A claim by any person other than the judgment debtor or his agent on property levied on execution. + Perishable property: tice posted in 3 pub for such ume : pay berensonaie eton for damages ay be considering the character trout again sent condition ofthe vse oe "iW no able Yor | San able Tar das Other personal ‘damages Notice posted in 3 public 7 Sherif bound tokeep | Sherif not bound to keep Places fornotless than 4 roperty.gh behalf of Property under levy days an — oblige Tnall cases, written notice af the ale salibe given to — Advisers: Atty. Guevarra,Atty Arroyo Atty. Savador Ay, Vinluan judge Bonifacio; Heads: Garisa Faylona, oeitorneconn a File a bond to indemnify 3" party complainant; and ‘Amount of bond not less than value of property. + Sheriff not able for damages if bonds filed. 2. File a claim for damages against 2 party in the same ‘separate action, Based on the ground that 3% party claim is frivolous or plainly spurious. REMEDY OF THE 3"° PARTY 4. Vingicate his claim in a separate action; ‘+ No intervention allowed since Judgment final & executory. 2. File a separate action for damages against the sheriff (if no bond filed); and Filea claim for damages against the bond. ‘© Claim must be within 120 days from fling of bond. ‘itina Santos; Understudy: Roxanne Tadique, Alexis Cimagala; Volunteers: Grace Escasia, ne Blanka Silva, Nash Marohomsalic,K Suarez