RULE 39

Execution, Satisfaction and Effect of Judgments

WHAT

Execution shall issue as a matter of right, or motion, upon a judgment or order that disposes of the
action or proceeding upon the expiration of the period to appeal therefrom if no appeal has been duly
perfected (Rule 39, Sec.1).

The writ of execution shall: (1) issue in the name of the Republic of the Philippines from the court which
granted the motion; (2) state the name of the court, the case number and title, the dispositive part of
the subject judgment or order; and (3) require the sheriff or other proper officer to whom it is directed
to enforce the writ according to its terms…

(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 judgment. For this purpose, the motion for execution shall specify the
amounts of the foregoing reliefs sought by the movant. (Rule 39, Sec. 8)

WHO

Writ of Execution shall be issued by the court upon motion of the judgment obligee, submitting
therewith certified true copies of the judgment or judgments or final order or orders sought to be
enforced and of the entry thereof, with notice to the adverse party (Rule 39, Sec.1).

WHEN

Writ of Execution shall issue upon the expiration of the period to appeal therefrom if no appeal has
been duly perfected (Rule 39, Sec.1).

WHERE

The Court of Origin of the case filed upon motion of the Judgment Obligee shall issue a Writ of Execution
of the Judgment (Rule 39, Sec.1).

HOW

Judgment may be Executed through any of the following means:

1. 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. (Rule 39, Sec. 6)
2. Require the sheriff or other proper officer to whom it is directed to enforce the writ according to
its terms (Rule 39, Sec. 8)
3. For execution of Judgments for Money:
a. Immediate payment on Demand - by demanding from the judgment obligor the
immediate payment of the full amount stated in the writ of execution and all lawful fees
b. Satisfaction by Levy - the officer shall 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 option to immediately choose
which property or part thereof may be levied upon, sufficient to satisfy the judgment
c. Garnishment of Debts and Credits - The officer may levy on debts due the judgment
obligor and other credits, including bank deposits, financial interests, royalties,
commissions and other personal property not capable of manual delivery in the
possession or control of third parties. (Rule 39, Sec.9)
4. For Execution of Judgments for Specific Acts
a. Conveyance, delivery of deeds, or other specific acts; vesting title
If the party fails to comply within the time specified, the court may direct the act to be
done at the cost of the disobedient party
b. Sale of real or personal property
to sell such property, describing it, and apply the proceeds in conformity with the
judgment
c. Delivery or restitution of real property
The officer shall demand of the person against whom the judgment for the delivery or
restitution of real property is rendered and all persons claiming rights under him to
peaceably vacate the property within three (3) working days, and restore possession
thereof to the judgment obligee, otherwise, the officer shall oust all such persons
therefrom.
d. Removal of improvements on property subject of execution
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 special order of the court, issued upon motion
of the judgment obligee after the hearing and after the former has failed to remove the
same within a reasonable time fixed by the court
e. Delivery of personal property

The officer shall take possession of the same and forthwith deliver it to the party
entitled thereto and satisfy any judgment for money as therein provided (Rule 39,
Sec.10)

5. Execution of special judgments

When a judgment requires the performance of any act other than those mentioned in
the two preceding sections, a certified copy of the judgment shall be attached to the
writ of execution and shall be served by the officer upon the party against whom the
same is rendered, or upon any other person required thereby, or by law, to obey the
same, and such party or person may be punished for contempt if he disobeys such
judgment. (Rule 39, Sec.11)