RULE 39

EXECUTION, SATISFACTION AND EFFECT OF Losing party is made to indemnify thru:

JUDGMENTS 1. Payment with interest
2. Levy and sale of personal property
3. Levy and sale of real property
Section 1. Execution upon judgments or final orders 4. Delivery of personal and real property
Execution: a process provided by law for the enforcement of a final judgment
General rule: it is a matter of right on the part of the winning party. The court
 Execution is the remedy afforded for the satisfaction of judgment cannot refuse execution.
 Judgments and orders become final and executory by operation of law and Unless: (when execution be denied)
not by judicial declaration 1. Where the judgment turns out to be INCOMPLETE or conditional
2. Judgment NOVATED by parties
Against whom issued: execution can only be issued to an officer authorizing him 3. EQUITABLE GROUNDS like a change in situation of the parties which
to execute the judgment of the court. makes execution inequitable
4. Execution is ENJOINED
Writ of Execution: judicial writ issued to an officer authorizing him to execute the 5. Judgment has become DORMANT, EXCEPT support which can be
judgment of the court. executed by motion
6. Execution is UNJUST or impossible
Essential requisites of a Writ of Execution: 7. Judgment is rendered by voluntary compliance by the parties
(1) A writ of execution to be valid must conform strictly to the decision or 8. Execution is sought more than 5 years from its entry without the
judgment which gives it life judgment having been revived
(2) It cannot vary the terms of the judgment it seeks to enforce 9. When the execution is sought against property exempt from execution
10. When refusal to execute the judgment has become imperative in the
 Writ of execution should conform to the dispositive portion of the decision interest of justice
to be executed and the execution is void if it is in excess of and beyond the
original judgment or award Quashal of writ of execution when proper
 The writ may not vary the terms of the judgment to be executed 1. When the writ varies the judgment
 If the judgment does not provide for the payment of interest, the writ 2. When there has been a change in the situation of the parties making the
cannot modify the judgment by requiring the obligor to pay interest. execution inequitable or unjust
That part of the writ imposing interest is void 3. When execution is sought to be enforced against property exempt from
 That a writ must conform to the judgment which is to be executed, execution
substantially to the every essential particular thereof, it is settled 4. When it appears that the controversy has never been submitted to the
 After final judgment has been rendered, it is the duty of the court to enforce judgment of the court
the judgment according to its terms 5. When the terms of the judgments are not clear
6. If the writ has been improvidently issued
Final judgment or Order – one which disposes of the whole subject matter or 7. When it appears to be defective in substance or issued against the wrong
terminates the particular proceedings or action, leaving nothing to be done by the party or judgment debt has been paid or otherwise satisfied or writs was
court but to enforce by execution what has been determined. issued without authority

Test to determine whether a judgment or order is final or interlocutory JUDGMENTS FINAL AND JUDGMENTS
If the judgment or order leaves nothing more for the court to do with respect to EXECUTORY
the merits of the case, it is a final order. Otherwise, it is an interlocutory order. Dispose of, adjudicate, or determine Becomes final & excecutory by
the rights of parties operation of law
WHEN EXECUTION IS A MATTER OF RIGHT
1. On motion; Still subject to appeal After lapse of period to appeal and no
2. Upon judgment or order that disposes of the action or proceeding; appeal was perfected, no further
3. Upon expiration of the period to appeal therefrom and no appeal has been action can be had
duly perfected;
 There must be a motion to that effect and a hearing called for the purpose Execution of judgment not Execution of judgment a matter of
 Motion for the issuance of a writ of execution must contain a notice to the a matter of right right
adverse party
 Execution shall be applied for in the court of origin. If appeal has been duly JUDGMENTS AND FINAL ORDERS THAT MAY BE EXECUTED AS A MATTER OF
perfected and finally resolved, execution may be applied for also in the court RIGHT BEFORE EXPIRATION OF TIME TO APPEAL
of origin on motion of the judgment oblige 1. Forcible entry and detainer
 If the court of origin refuses to issue a writ of execution, the appellate court 2. Injunction, receivership, accounting and support
may, on motion, direct the court of origin to issue the writ. 3. Award, judgment, final order, or resolution of quasi-judicial agencies –
 No appeal may be taken from an order of execution by express provisions of appealable to CA
the Rules.
 A party desiring to assail an order of execution may instead file an INTERLOCUTORY ORDER THAT MAY BE EXECUTED
appropriate special civil action under Rule 65 Support pendente lite

Execution of judgment JUDGMENTS THAT ARE NOT APPEALABLE:

Execution is a matter of right after
expiration of period to appeal and
no appeal is perfected
Sheriff enforces writ of execution
Discretionary execution upon
good reasons stated in a special
order after due hearing
1. Sin perjuico judgments (judgment, w/o any stated facts in support of the
conclusion)
2. Conditional judgments
3. Incomplete judgments
WHEN EXECUTION OF FINAL AND EXECUTORY JUDGMENT MAY BE ENJOINED
1. Upon filing of a petition for relief from judgment
2. Attack against a judgment which is void for lack of jurisdiction, or obtained
through fraud
3. On equitable grounds
4. In cases falling under the (6) exceptions above

Judgment novated by a subsequent agreement cannot be executed.
 e.g. agreement entered into by the parties other than terms of payment
 Judgment for support is not final in a sense that it cannot be modified.
 Support depends not only on the varying conditions affecting the ability of
the obligor to pay, but also upon the ever-changing needs of the beneficiary
himself.
Posting of bond as reason for discretionary execution
1. The mere filing of a bond is not itself a good reason for ordering execution
pending appeal, it is just an additional factor
2. If the mere posting of a bond is sufficient to justify execution pending
appeal, judgments would be executed immediately once rendered, if all that
the prevailing party needed was to post a bond. Immediate execution will
then become the general rule rather than the exception

GENERAL RULE: Final and executory judgment cannot be amended or modified Where to file an application for discretionary execution
• Any amendment w/c substantially affects a final and executory judgment is null 1. Shall be filed with the TC while it has jurisdiction over the case and while
and void for lack of jurisdiction 2. It is in possession of either the original record or record on appeal

EXCEPTION: JUDGMENT MAY BE MODIFIED AS  After the TC has lost jurisdiction, the motion for execution pending appeal
TO: may be filed in the appellate court
1. clerical errors or mistakes;  Where the executed judgment is reversed or annulled, on appeal or
2. to clarify ambiguity; or otherwise, the TC may, on motion, issue such orders of restitution or
3. to enter nunc pro tunc orders reparation of damages as equity and justice may warrant under the
circumstances
 To make a present record of an order w/c the court rendered at a
previous term but, by inadvertence has not been entered. Execution of several, separate or partial judgments
 A final and executory judgment can no longer be amended by adding
thereto relief not originally included e.g. award of ownership does not SEVERAL JUDGMENTS SEPARATE/PARTIAL JUDGMENT
necessarily include possession Rendered against one or more of Rendered at any stage of
several defendants, leading the action the action regarding a particular claim,
Clerical error Error in Judgment to proceed against others leaving the action to proceed as to the
Errors not the result of exercise of Mistake relates to something the court remaining claims
judicial functions did not consider or pass on, or
considered and Discretionary Execution Execution as a Matter of Right
erroneously decided May issue before the lapse of period Issued when period to appeal has
May be modified, corrected even after Cannot be modified to appeal already lapsed and no appeal has been
judgment has become final and must be done in another case/suit perfected
executor Discretionary upon the court; there is Ministerial duty of the provided there
inquiry on whether there is good are no supervening events
The dispositive portion of the decision is that part that becomes the subject of reason for execution
execution
Exceptions: Examples of good reasons
1. Where there is ambiguity, the body of the opinion may be referred to 1) Where education of a person to be supported would unduly be delayed
for purposes of construing the judgment because the dispositive part of 2) The immediate execution of an order to support is valid
a decision must find support from the decision’s ratio decidendi 3) The judgment debtor is insolvent, except when a co-defendant is solvent and
2. Where extensive and explicit discussion and settment of the issue is his liability is subsidiary
found in the body of the decision  Certiorari will lie against an order granting execution pending appeal
where the same is not founded upon good reasons
Section 2. Discretionary execution
WHEN ISSUANCE OF WRIT OF EXECUTION IS DISCRETIONARY What are not good reasons:
1) the mere fact that a claim is not secured, w/o any allegation that the
Execution pending appeal defendant is insolvent or is about to dispose of his properties
(a) While trial court has jurisdiction over the case and is in possession of either 2) Where the reason given is that an appeal is frivolous or dilatory, the trial
the original record or record on appeal; judge may not rightfully determine the same
(b) When trial court has lost jurisdiction but has not transmitted records of the 3) Mere posting of a bond Award for actual and compensatory damages may be
case to the appellate court; ordered executed pending appeal, but not moral and exemplary damages.
(c) When trial court has lost jurisdiction and has transmitted records� motion
for execution pending appeal with appellate court By the appellate court
It can order the execution of judgment pending appeal for good reasons
REQUISITES FOR EXECUTION PENDING APPEAL
1. On motion by the prevailing party, with notice to the adverse party; By the Trial Court
2. There must be a hearing of the motion May also do so in the exercise of its residual jurisdiction under Rule 41 and 42
3. Good reasons for issuing execution; and
4. The good reasons must be stated in a special order. Grounds:
1. Insolvency of the judgment debtor
 A discretionary execution must be strictly construed because it is an 2. Wastage of asset by judgment debtor
exception to the general rule
 Where the execution is not in conformity with the rules, the execution is null  Moral and exemplary damages depends on actual result of the appeal
and void  Execution pending appeal is not applicable in land registration proceedings

Frivolous appeal as reason for discretionary execution Section 3. Stay of discretionary judgment
1. Where the appeal is frivolous and dilatory, execution pending appeal cannot Stay of execution may be allowed at the discretion of the court by filing a
be justified because the authority to disprove an appeal pertains to the supersedeas bond.
appellate court. Mere allegation that the appeal is dilatory is not a good
reason to merit discretionary execution The party against whom an execution is directed may file a supersedeas bond to
2. It is not within the TC to rule that the appeal is patently dilatory and rely on stay discretionary execution.
the same as basis for finding good reasons to grant the motion. Only the
appellate court can appreciate the dilatory intent of an appeal as an SUPERSEDEAS BOND
additional good reason in upholding an order for execution pending appeal
It is one filed by a petitioner and approved by the court before judgment becomes 1) On motion, w/in 5 years from entry; or
final and executory and conditioned upon the performance of the judgment 2) By filing another action w/in 10 years from entry
appealed from in case it is affirmed wholly or in part.
 Execution by independent action if the 5 year period has elapsed and before
The supersedeas bond guarantees satisfaction of the judgment in case of it is barred by the statute of limitations
affirmance on appeal, not other things like damage to property pending the  If 5 year period has lapsed, there is a need for the prevailing party to file an
appeal. Aside from the supersedeas bond, an aggrieved party may file a special independent action for the revival of the judgment before the action is
civil action of certiorari under Rule 65 against the order granting execution barred by the statute of limitation
pending appeal where the same is not founded upon good reasons.
 An action to revive a judgment presupposes that the same can no longer be
 This remedy may be availed of notwithstanding the fact that: enforced by mere motion
1) he has appealed from the judgment, or  Action for revival of a judgment is no more than a procedural means of
2) has filed a supersedeas bond. securing the execution of a previous judgment which has become
dormant after the passage of 5 years without it being executed upon
Section 4. Judgments not stayed by an appeal motion of the prevailing party
The following judgments are immediately executory, enforceable after their  An action to revive must be filed within the 10 year period from the
rendition and shall not be stayed by an appeal, unless otherwise ordered by the date the judgment became final because an action to enforce a
trial court: judgment prescribes in 10 years from the finality of judgment
1. Injunction;  Action to revive a judgment in Sec. 6 R 39 is not the “ revival of judgment”
2. Receivership; referred in Sec. 34
3. Accounting;
4. Support; and  In Sec. 34, the revival of judgment is not sought for by the judgment obligee
5. Such other judgments declared to be immediately executory unless or the prevailing party. It is sought for the purchaser of a real property that
otherwise ordered by the trial court. was sold in an execution sale. The purchaser is allowed to file a motion in the
same action or in a separate action for the purpose of recovering from the
(Action for forcible entry and unlawful detainer); there must be notice and hearing judgment obligee the price he paid. He may also file a motion to revive the
judgment in his name to recover the price with interest
The reason for the non-stay of judgment for support is because support is  The judgment has actually been executed
immediately needed and its delay may unduly prejudice the one in need of it.
 The judgment to revive under Sec. 6 must be filed within 10 years from the
 The rule on immediate execution of judgment in an injunction case date the judgment became final because an action to enforce a judgment
does not apply to a judgment in an action for prohibition. prescribes in 10 years form the finality of the judgment.
 When a judgment is revived, such revived judgment may also be
STAY OF EXECUTION OF A JUDGMENT; EXCEPTIONS enforced by motion within 5 years from the date of its entry and
 As a general rule, an appeal perfected in due time stays the execution of a thereafter by action is also before it is barred by statute of
judgment. limitation
Exceptions:  Judgment has not been executed on motion within the 5 year
1. Those judgments which by express provision of the rules are period set by Rule 34
immediately executor and are not stayed by an appeal
2. Those judgments that have become the object of discretionary  A revived judgment is deemed a new judgment separate and distinct from
execution the original judgment. Hence, the 10 year period to revive the revived
judgment shall commence to run from the date of finality of the revived
Section 5. Effect of reversal of executed judgment judgment and not from the date of finality of the old, original judgment
The trial court may, on motion, issue restitution or reparation in an event of a  An action for revival is not intended to reopen any issue affecting the merits
reversal after a petition for relief under Rule 38, or annulment of judgment under of the judgment debtor’s case nor the proprietary or the correctness of the
Rule 47 is granted first judgment
 The proper venue of an action for revival of judgments depends on the
How restitution is made. Effects of reversal, modification. determination of whether the present action for revivial of judgment is a real
or personal action
Complete Reversal Specific Restitution
Modified judgment Creditor may not be compelled to Lifespan of writ of execution – 5 years
make specific restitution; He can be A revived judgment is again enforceable by motion within 5 years and thereafter,
required to restore the excess realized by another action w/in 10 years from finality of the revived judgment, not the
upon the execution over and above original judgment.
the amount finally awarded
Sale by sheriff to 3rd person Sale is not affected by reversal; title of EXECUTION OF A JUDGMENT BY COMPROMISE WITH A TERM
3rd person is protected, except when If a compromise agreement w/ a term suspends the enforceability of a final
there is want of jurisdiction over the judgment, the 5 year/10 year period must be counted from the end of such term,
subject matter not from the date of entry.
Sale of a creditor to himself in a public He may be required to surrender the
sale property REVIVAL OF A JOINT AND SEVERAL JUDGMENT
Sale to a creditor, but subsequently Creditor may be required to A judgment rendered against several defendants, jointly and severally, can be
sold to a 3rd party account for the value received by revived against one of them only.
virtue of the sale to the 3rd party; title
of 3rd party is protected, unless writ of WHEN 5/10 YEAR PERIOD SUSPENDED
execution is absolutely void, where: 1. When the enforceability of a final decision is suspended by the court;
- execution upon a void judgment 2. When the 5 year period is interrupted or suspended by agreement of the
- judgment has been paid parties
- execution levied on wrong 3. When the judgment creditor institutes supplementary proceedings to the
party execution
4. When delays are caused by judgment obligor’s own initiatives and for her
Section 6. Execution by motion or by independent action. advantage

A final and executory judgment or order may be executed:

A valid execution issued and levied w/in the 5 year period may be enforced by sale Death of the Obligee Execution will issue in any case upon
even after the lapse of the said period application of his executor,
administrator or successor-in-interest
 The levy is the essential act by which the property is set apart for satisfaction Death of the Obligor Death Before Levy:
of judgment 1. Action for recovery of real or
 However, the execution sale must take place w/in the 10 year period personal property or any lien -
execution will issue
WHEN 5 AND 10 YEAR PERIODS NOT APPLICABLE 2. Action for a sum of money –
1) Judgment for support execution will NOT issue. In this case,
- does not prescribe the judgment obligee should file claim
- may still be enforced by motion even after the 5 year period against the estate of the judgment
2) Special proceedings obligor under Rule 86.
- e.g. land registration proceedings
3) issuance of writs of Possession Death After Levy: execution will issue
4) contempt orders in unauthorized re-entry on the land by an ejected since the property is already separated
defendant from the estate of the deceased and is
deemed in custodia legis. Against his
NOTE: An action for support does not prescribe and may still be enforced by executor, administrator, or successor-
motion even after the lapse of 5 year period since the obligation is a continuing in-interest
one. The court never loses jurisdiction to enforce such.
An appeal is the remedy for an order denying the issuance of a writ of execution.
VENUE OF ACTION FOR ENFORCEMENT OF
JUDGMENT GROUNDS FOR QUASHING A WRIT OF
 personal action – where plaintiff resides or defendant resides, at the election EXECUTION:
of the plaintiff; 1. writ of execution varies judgment;
 real action – where the property is located 2. change in the situation of the parties making execution inequitable and
unjust;
DEFENSES AVAILABLE IN AN ACTION FOR 3. execution sought to be enforced against property exempt from execution;
ENFORCEMENT OF JUDGMENT 4. controversy has never been submitted to the judgment of the court;
 prescription 5. terms of judgment are not clear and there remains room for
 satisfaction of claim interpretation;
 counterclaims 6. writ of execution is improvidently issued, defective in substance, issued
against the wrong party, judgment debt has been paid, or writ issued
without authority
Jurisdiction to change, alter, modify Jurisdiction to enforce judgment
judgment Section 9. Execution of judgments for money, how enforced
Terminates when judgment becomes Continues even after judgment has 3 WAYS TO ENFORCE A JUDGMENT FOR MONEY
final become final, for purposes of 1. Immediate payment on demand
execution and enforcement
Governed by Rule 39, Sec. 1 Governed by Rule 39, Sec. 6  judgment obligor shall pay in cash, certified bank check payable to
the judgment obligee, or any other form of payment acceptable to
the latter
Section 7. Execution in case of death of party.  payment made to the judgment obligee or his representative, or if
This section applies when a party dies after rendition of judgment, before or after not present, to the sheriff, or if not practicable, to a fiduciary
entry. A judgment of foreclosure of mortgage is enforceable by execution against account
the executor or administrator whether the judgment obligor died before or after
entry of judgment. 2. satisfaction by levy
 If judgment obligee dies, execution may issue upon the application of his
executor, administrator or successor in interest LEVY – An act by which an officer sets apart or appropriates a part or whole of the
 If judgment obligor dies, the execution shall issue against his executor or property of the judgment debtor for purposes of the execution sale.
administrator, if the judgment be for the recovery of real or personal
property, or the enforcement of a lien thereon.  The officer shall levy upon properties of the judgment obligor not
 If the death occurs after execution is actually levied upon any of his property, otherwise exempt from execution
the same may be sold for the satisfaction of the judgment obligation. If there  Judgment obligor exercises option to chose w/c property levied upon; if
be any surplus after the sale, the officer making the sale shall account to the not exercised, officer shall levy 1st on personal property, then on real
corresponding executor or administrator property
 The sheriff shall sell only property
Section 8. Issuance, form, and contents of a writ of execution.  sufficient to satisfy the judgment and other lawful fees.
 The on execution creates a lien in favor of the judgment obligee over the
A writ of execution is issued in the name of the Republic of the Philippines and right, title, and interest of the judgment obligor in such property at the
shall state the following: time of the levy, subject to liens and encumbrances then existing.
1. name of the court which granted the motion
2. case number 3. garnishment of debts and credits
3. dispositive portion of the judgment or order subject of the execution
4. shall require the sheriff or other proper officer to whom it is directed to GARNISHMENT – An act of appropriation by the court when property of debtor is
enforce the writ according to its terms in the hands of third persons.
 The sheriff may levy on debts due to debtor, or other credits, including
 The motion for execution and the writ of execution must state specifically bank deposits, financial interests, royalties, commissions and other
the amount of interest, costs, damages, rents, or profits due as of the date of personal property, not capable of manual delivery in the possession or
issuance of the writ, aside from the principal obligation control of 3rd parties
 Special sheriffs for the service of writ of execution are not authorized by law.  Notice served on 3rd party (garnishee)
 The writ of execution must conform to the judgment to be executed;
otherwise it is null and void. Garnishment shall be made by:
a. Serving notice upon the third person having in possession or control of the
credits in favour of the judgment obligor
b. The third person or garnishee shall make a written report to the court within
5 days from service of the notice of garnishment stating whether or not the
judgment obligor has sufficient finds to satisfy the judgment.
 If sufficient, the garnishee shall deliver the amount in cash or certified check
shall be delivered directly to the judgment obligee within 10 working days
from service of notice on said garnishee. The lawful fees shall be directly paid
to the court. If the amount is insufficient, the garnishee shall make a report
as to the amount he hold for the judgment obligor
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
3) Unused balance of an overdraft account (credit not subject to garnishment)
 Levy on personal property may be actual or constructive
 e.g. levy on a barge by registration w/ Philippine
Coast Guard (constructive)
Section 10. Execution of judgments for specific act
SPECIFIC ACTS
1. Conveyance, delivery of deeds, or other specific acts; vesting title
 If party fails to comply within the time specified, the court may direct the
act to be done at the cost of the disobedient party
 Real or personal property situated w/in the Philippines: court in lieu 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 officer shall demand person to
peaceably vacate property w/in 3 working days, and restore possession to
judgment obligee, otherwise officer shall oust such persons
4. Removal of improvements on property subject of execution officer shall not
destroy, demolish, or remove improvements except upon special order of
the court
 Special order issued upon motion, after judgment obligor failed to remove
the same
5. Delivery of personal property officer shall take possession of the same and
deliver it to the judgment obligee
Execution of a judgment for the performance of a specific act
1) If the judgment requires a person to perform a specific act, said act must be
performed but if the party fails to comply within the specified time, the court
may direct the act to be done by someone at the cost of the disobedient
party and the act when so done shall have the effect as id done by the party
2) If the judgment directs a conveyance of real or personal property, and said
property is in the Philippines, the court in lieu of directing the conveyance
thereof, may order divest the title of any party and vest it in others, which
shall have the force and effect of a conveyance executed in due form of law
Execution for a judgment for the delivery or restitution of real property
1. In ejectment, the officer shall demand from the judgment obligor to vacate
peaceably within 3 working days, and restore possession of the property to
the judgment obligee
2. Immediacy of execution does not mean instant execution. When a decision
is immediately executor it does not dispensing with the required 3 day
notiuce
3. After the lapse of the period given and the judgment obligor refuses to
vacate, then the sheriff may enforce the writ by ousting the judgment
obligor and all the persons claiming a right under him, with the assistance, If
necessary, of appropriate peace officers, and employing such means as may
be reasonably necessary to retake possession and place the judgment
obligee in possession of such property
 Failure to comply with specific acts under Rule 39 Sec. 10 is 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 required to effect removal of an improvement
constructed by the defeated party.
2. Deliver – the sheriff will take possession and deliver it to the winning
party.
3. Comply – the court can appoint some other person at the expense of
the disobedient party and the act shall have the same effect as if the
required party performed it
• No time limit w/in which an order of demolition should be carried out; defeated
party is given reasonable period to look for another place.
ORDER OF DEMOLITION COULD BE ISSUED AFTER THE 5 YEAR PERIOD
 but writ of execution must be served w/in 5 years
 order of demolition ancillary to writ Certiorari is available if requirements for
issuance of order of demolition are not followed
Section 11. Execution of special judgment SPECIAL JUDGMENT
A special judgment is one that can be complied with only by the judgment obligor
himself. It requires the performance of any other act than payment of money, or
the sale or delivery of real or personal property. Failure to comply with special
judgment under Section 11 is punishable as contempt by imprisonment
Section 12. Effect of Levy on execution as to third persons
Section 13. Property exempt from execution
PROPERTIES EXEMPT FROM EXECUTION
1) family home, or homestead, land necessarily used in connection therewith
2) ordinary tools and implements used in trade, employment, or livelihood
3) 3 horses, cows, carabaos, 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 ≤ P100K
6) Provisions for individual or family use sufficient for 4 months
7) Professional libraries and equipment
8) One fishing boat and accessories ≤ P100K used in livelihood
9) Salaries, wages, or earnings as are necessary for support of family w/in 4
months preceding levy
10) Lettered gravestones
11) Monies, benefits, privileges, or annuities accruing out of any life insurance
12) Properties specially exempt from execution
13) The right to receive legal support or money or property obtained as such
support or any pension or gratuity from the government
OTHER PROPERTIES SPECIALLY EXEMPT FROM EXECUTION
1. Property mortgaged to DBP (Section 26, CA 458)
2. Property taken over by Alien Property Administration (Section 9[f], US
Trading With the Enemy Act)
3. Savings of national prisoners deposited with the Postal Savings Bank (Act
2489)
4. Backpay of pre-war civilian employees (RA 304)
5. Philippine Government backpay to guerrillas (RA 897)
6. Produce, work animals, and farm implements of agricultural lessees, subject
to limitations (Section21, RA 6389)
7. Benefits from private retirement systems of companies and establishments,
with limitations (RA 4917)
8. Labor wages, except for debts incurred for food, shelter, clothing, and
medical attendance (Art. 1708, NCC)
9. Benefit payments from the SSS (Section 16 RA 1161 as amended by PDs 24,
65, and 177)
10. Copyrights and other rights in intellectual property under the former
copright law (PD 49 cf. Section 239.3, RA 8293)
11. Bonds issued under RA 1000 (NASSCO v. CIR L-17874 31 August 1963)
(Regalado, F. Remedial Law Compendium Vol. 1, 8th ed., pp. 447-448).
 If the property is the subject of execution because of a judgment for the
recovery of the price or upon a judgment of foreclosure of a mortgage upon
the property, the property is not exempt from execution
Section 14. Return of writ of execution
Writ of execution is returnable to the court after judgment it satisfied
Sheriff shall report to the court w/in 30 days after receipt and every 30 days until
the judgment is satisfied in full
Lifetime of writ of execution – 5 years from entry of judgment
The rules do not provide any lifetime for a writ of attachment unlike writ of 3rd party should make an affidavit of his title thereto, or right of possession
execution thereof, and should serve such affidavit upon the sheriff and a copy thereof to the
judgment obligee.
 The writ shall continue in effect during the period within which the judgment The sheriff may or may not require the judgment obligee to file a bond.
may be enorced by motion
Indemnity Bond Filed No Indemnity Bond Filed
Section 15. Notice of sale of property on execution Action for damages brought against Action for damages may be brought
the principal and sureties on the bond against sheriff himself
Requisites for Notice of Sale of Requisites for Notice of Sale of Real Sheriff not liable for damages Sheriff liable for damages
Personal Property Property Sheriff bound to keep property on Sheriff not bound to keep
 perishable property: notice  If ≤ 50,000: notice posted in 3 behalf of judgment obligee property under levy
posted in 3 public places for such public places for 20 days
time as may be reasonable  If > 50,000: Publication once a REMEDY OF THE CREDITOR
considering the character & week for 2 consecutive weeks a. File a bond to indemnify 3rd party complainant
condition of the property and notice posted in 3 public  amount of bond not less than value of property
 other personal property: notice places for 20  sheriff not liable for damages if bond is filed
posted in 3 public places for not
less than 5 days b. File a claim for damages against 3rd party in the same or separate action
In all cases, written notice of the sale shall be given to the judgment obligor, at  based on the ground that 3rd party claim is frivolous or plainly spurious
least 3 days before the sale, except as provided in paragraph (a) hereof where
notice shall be given at any time. REMEDY OF THE 3rd PARTY
1. Vindicate his claim in a separate action
 no intervention allowed since judgment final & executory
EFFECTS OF AN EXECUTION SALE WITHOUT 2. File a separate action for damages against the sheriff (if no bond filed)
THE REQUIRED NOTICE 3. File a claim for damages against the bond
1) Sheriff and creditor are joint tortfeasors  claim must be w/in 120 days from filing of bond
2) Liable in solidum because liability is joint and solidary
The sheriff is at complete liberty to suspend or not to suspend execution if the
Want of notice does not invalidate the execution sale where purchaser is innocent judgment creditor does not file a bond.
and no collusion appears (buyer in good faith) The judgment creditor cannot be compelled to file a bond because he is at
complete liberty to do so. Without an indemnity bond, the sheriff acts at his own
Section 16. Proceedings where property claimed by third persons risk if he keeps the property (can be liable for damages).
3RD PARTY CLAIM
A claim by any person other than the judgment debtor or his agent on property Section 17. Penalty for selling without notice, or removing or defacing notice
levied on execution
PERSONS LIABLE UNDER SECTION 17
PROCEEDINGS WHEN PROPERTY LEVIED UPON I CLAIMED BY THIRD PERSONS; 1. Officer selling without notice
TERCERIA RULE 2. Any person willfully removing or defacing notice posted (e.g. notice
 A person claiming a property levied upon may execute an affidavit of his title posted in 3 public places)
or right of possession over the property. Such affidavit must state the
grounds of such right or title. The affidavit shall be served upon the officer What is the liability?
making a levy and a copy thereof must also be served upon the judgment 1. punitive damages to any person injured thereby = P5000,
obligee. This remedy of the claiming party is also called “terceria.” 2. actual damages
 The officer served with the affidavit of the claiming third person shall not be
bound to keep the property subject of the claim, unless the judgment Section 18. No sale if judgment and costs paid
obligee, on demand of the officer, files a bond approved by the court to If judgment obligor paid the amount of judgment – NO writ of execution may be
indemnify the claimant in a sum not less than the value of the property issued or implemented.
levied upon.
 No claim for damages for the taking or keeping of the property may be Section 19. How property sold on execution; who may direct manner and order
enforced against the bond unless the action therefor is filed within 120 days of sale
from the date of the filing of the bond. All sales of property under execution must be made:
 The officer shall not be liable to any third-part claimant for damages for the 1. at a public auction
taking or keeping of the property, if such bond is filed 2. to the highest bidder
 The aggrieved third party may also avail himself of the remedy of “terceria” 3. to start at the exact time fixed in the notice
by executing an affidavit of his title or right of possession over the property
levied on attachment and serving the same to the office making the levy and Sale of real properties must be made in the province where the same are situated
serving the same to the office making the levy and the adverse party.  Purpose is to obtain the best price
 Other remedies may also be availed of by the 3rd party claimant because
nothing contained in the Rules “shall prevent the claiming third person from PERSONS PROHIBITED FROM BUYING
vindicating his claim to the property in a separate action.” 1. Judge, who issued the writ of execution
2. Officer conducting sale, or his deputy
PURPOSE OF 3RD PARTY CLAIM
1) To recover property levied on by sheriff (although 3rd party can vindicate claim EFFECT OF SALE OF REAL PROPERTY IN MASS GENERAL RULE: Valid
in a separate action)
2) To hold sheriff liable for damages for the taking or keeping of such property EXCEPTION:
1. when it appears that a larger sum would have been realized from a sale in
WHEN TO FILE A 3RD PARTY CLAIM parcels, or
At any time, so as long as the sheriff has the possession of the property levied 2. a sale of less than whole would be sufficient to satisfy debt
upon, or before the property is sold under execution
Mere inadequacy of price is not material if there is a right of redemption.
WHAT IS THE PROCEDURE FOR A 3RD PARTY
CLAIM Shocking inadequacy of price may be ground for setting aside sale

Who has jurisdiction to set aside execution sale?

Court w/c rendered judgment that became final and executory has exclusive
jurisdiction
After sufficient property has been sold to satisfy the execution, no more sale shall
be made and any excess shall be promptly delivered to the judgment obligor or his
authorized representative, unless otherwise directed by the judgment or order of
the court.
Section 20. Refusal of purchaser to pay
Section 27. Who may redeem real property so sold
RIGHT OF REDEMPTION:
1. Personal Property – None; sale is absolute
2. Real Property – there is a right of redemption
WHO MAY REDEEM?
JUDGMENT DEBTOR – Judgment obligor, or his successor in interest (e.g.
transferee, assignee, heirs, joint debtors);
When – Within 1 year from the date of registration of the certificate of sale

Section 21. Judgment obligee as purchaser REDEMPTIONER – One who has a lien by virtue of another attachment, judgment,
1. Officer may sell again the property to the highest bidder or mortgage on property SUBSEQUENT to the lien under which the property was
2. refusing purchaser may be liable for amount of loss occasioned by such sold
refusal
3. Refusing purchaser may be punished for contempt When –
4. Officer may reject subsequent bid of refusing purchaser 1. Within 1 year from the date of registration of the certificate of sale; or
2. Within 60 days from the last redemption by another redemptioner.
If judgment obligee is the successful bidder
BID ≤ JUDGMENT – Judgment obligee not required to pay bid A surety is NOT a successor in interest
By paying the debt, he stands in the place of the creditor, not obligor
IF BID > JUDGMENT – Judgment obligee required to pay excess
Right of redemption cannot be levied on by judgment creditor
Section 22. Adjournment of Sale The judgment debtor may, of course, legally sell his right of redemption
� If both obligee and obligor agree in writing, sale may be adjourned to any date
and time agreed upon Section 28. Time and manner of, and amounts payable on, successive
� Without such agreement, sale may be adjourned from day to day if it becomes redemptions; notice to be given and filed
necessary to o so for lack of time.
� Adjournment = waiver of publication of another notice requirement PERIOD OF REDEMPTION JUDGMENT – Judgment Obligor has 1 year from
registration of certificate of sale;
Section 23. Conveyance to purchaser of personal property capable of manual Once he redeems, no further redemption is allowed
delivery
� After purchaser pays the purchase price, the sheriff must deliver the property OBLIGOR REDEMPTIONER –
capable of manual delivery to the purchaser 1st redemptioner has 1 year to redeem
� If desired the sheriff shall execute and deliver a certificate of sale 2nd redemptioner has 60 to redeem after 1st redemption
� No right of redemption in sales of personal property on execution 3rd redemptioner has 60 days after 2nd, etc.;
Further redemption allowed, even after lapse of 1 year, as long as each
Section 24. Conveyance to purchaser of personal property not capable of manual redemption is made w/in 60 days after the last
delivery
For personal property not capable of manual delivery, the officer must execute Payment – how and to whom made
and deliver to purchaser certificate of sale (symbolic delivery)  Tender of redemption money may be made to purchaser or sheriff
 If tender to sheriff – duty to accept
Section 25. Conveyance of real property; certificate thereof given to purchaser
and filed with registry of deeds Medium of payment
 Cash, although Sec. 9, Rule 39 allows certified bank check
CERTIFICATE OF SALE MUST CONTAIN  If check is dishonored, redemption invalid
1) Description of real property sold;  If check became stale for not being presented, through no fault of
2) Price paid (per lot) redemptioner, redemption valid
3) Whole price paid
4) Statement of right of redemption 1 year from date of registration of certificate Amounts Payable on Redemption
of sale JUDGMENT OBLIGOR REDEMPTIONER
ORDINARY SALE ON  If he redeems from the  If he redeems from the
ORDINARY SALE IN EXECUTION – Need not be confirmed; Right of redemption; purchaser: purchaser:
Purchaser acquires title upon expiration of redemption period - Purchase price + 1% - Same as judgment obligor
interest + assessment or taxes - Amount of lien, If purchaser also
EXECUTION IN JUDICIAL FORECLOSURE OF creditor w/ prior lien
MORTGAGE – Needs judicial confirmation; No right of redemption (except where  If he redeems from redemptioner  If he redeems from redemptioner
mortgagee is a bank); Purchaser acquires title after judicial confirmation of sale; - Redemption price + 2% interest + - Same as judgment obligor
assessment or taxes - Amount of liens held by last
 Purchaser acquires only right, title, interest and claim of judgment redemptioner prior to his own, w/
obligor. interest
 Purchaser of property registered under Torrens system acquires the
same free from liens or encumbrances not noted thereon.
Section 29. Effect of redemption by judgment obligor, and a certificate to be
Auction sale retroacts to date of levy delivered and recorded thereupon; to whom payments on redemption made
E.g. a 3rd party claim was filed after the levy. The fact that the 3rd party claim was
presented 1 day before the execution sale is immaterial. If the levy is valid, the If judgment obligor redeems, no further redemption is allowed. The Person to
sale is also valid. The auction sale retroacts to the date of the levy. whom redemption was made must execute and deliver to the judgment obligor a
certificate of redemption.
The purchaser is not entitled to possession during the period of redemption.
Payments may be made to the purchaser, redemptioner, or sheriff.
Section 26. Certificate of sale where property claimed by 3rd person
The certificate of sale to be issued shall make express mention of the existence of Redemption can be paid in other forms than cash. The rule is construed liberally in
such third-party claim. allowing redemption (aid rather than to defeat the right) and it has been allowed
to in the case of a cashier’s check, certified bank checks, and even checks.

A formal offer to redeem is not necessary where the right to redeem is exercised
through the filing of a complaint to redeem in the courts, within the period to
redeem.
Section 30. Proof required of redemptioner
PROOF REQUIRED
JUDGMENT OR FINAL ORDER REDEMPTIONER
No proof required  If based on judgment or final
order:
Right of redemption - must serve copy of judgment or final
appears on record order, certified by clerk of court
 If based on Mortgage or other
lien, must serve:
- memorandum of record, or any
assignment, AND
- affidavit, showing amount due on lien
 Failure to produce proof by redemptioner is waived by refusal on other
grounds.
Validity of redemption not affected by failure to present proof
If person to whom redemption was offered accepts without requiring proof –
redemption valid
Section 31. Manner of using premises pending redemption; waste restrained
During the period pending the redemption, the court issues an order to restrain
the commission of waste on the property by injunction.
WHAT IS NOT COMMISSION OF WASTE
1. Use in the same a manner previously used;
2. Use in the ordinary course of husbandry;
3. Make necessary repairs to buildings thereon
Section 32. Rents, earnings and income of property pending redemption
During the period of redemption, all rents, expenses, income and fruits derived
still belong to the debtor.
During the period of redemption, the purchaser or redemptioner is not entitled
to:
1. possession
2. receive the rents, earnings, and income of property sold on execution;
3. reimbursement for improvements
Section 33. Deed and possession to be given at expiration of redemption period;
by whom executed or given
Upon expiration when no redemption has been made within 1 year, purchaser is
entitled to conveyance and possession of property. If so redeemed whenever 60
days have elapsed and no other redemption has been made, and notice therof
given, the last redemptioner is entitled to the conveyance and possession of the
property
Upon expiration of the right of redemption, the purchaser or redemptioner shall
be substituted to and acquire all the rights, titles, interest and claim of the
judgment obligor to the property as of the time of the levy
Within 1 year purchaser acquires only the rights, title, interest and claim of
judgment obligor to property.
After 1 year, the purchaser now has his own right and acquires right to the
property. It is at this time that the writ of possession is issued.
Writ of possession may be enforced against judgment obligor, successors-in-
interest
 but NOT against persons whose right of possession is adverse to the latter
Section 34. Recovery of price if sale not effective; revival of judgment
If purchaser fails to recover possession, evicted, judgment reversed, property
exempt from execution, or 3rd party vindicated claim, purchaser may, on motion
or in a separate action:
1. recover from creditor price paid w/ interest, or so much w/c is not
returned to judgment obligor; or
2. have original judgment revived for whole price w/ interest
Section 35. Right to contribution or reimbursement
 If property is executed against several persons, and more than due
proportion has been satisfied – one who pays may compel contribution from
the others
 If surety pays – he may compel repayment from the principal
Section 36. Examination of judgment obligor when judgment unsatisfied
Upon return of writ of execution, and judgment is still unsatisfied, the creditor
may ask the court to require the debtor to appear and his property or income be
examined
PROCEEDINGS SUPPLEMENTARY TO EXECUTION
The proceedings are to aid judgment creditors in discovery of debtor’s property
and its application to the satisfaction of judgment. It is to compel the disclosure of
any property that is not exempt from execution
1) Sec. 36 – examination of judgment obligor’s property
2) Sec. 37 – examination of judgment obligor’s debtor (garnishee)
3) Sec. 38 – enforcement of attendance and conduct of examination (punishable
by contempt)
4) Sec. 39 – judgment obligor’s debtor may pay sheriff
5) Sec. 40 – order to apply to obligor’s property in the hands of another,
investigate income, expenses, earnings – order fix monthly payments
6) Sec. 41 – appoint receiver
7) Sec. 42 – sale of debtor’s interest in real estate
8) Sec. 43 – if garnishee denies debt, court may order creditor to institute action
against such person to pay debt
Section 37. Examination of obligor of judgment obligor
Any person or corporation who has property of the debtor, or is indebted to the
debtor > court may order such person to be examined > to bind the credits due to
debtor
CITATION
The garnishee becomes a forced intervenor, requiring him to pay his debt not to
the judgment debtor but to the creditor (a form of involuntary novation).
Section 38. Enforcement of attendance and conduct of examination
A party or other person may be compelled by an order of subpoena, to attend
before the court or commissioner to testify as provided in Sections 36 & 37.
Failure to obey such order or subpoena may be punished for contempt.
Section 39. Obligor may pay execution against obligee
Persons indebted to the debtor may pay sheriff. Sheriff’s receipt shall mean a
discharge for the amount paid and shall be credited by the obligee on execution
Section 40. Order for application of property and income to satisfaction of
judgment.
Court may order property of judgment obligor, or money due him, in the hands of
either himself or another, to be applied to the satisfaction of the judgment
Investigation of income and expenses > if it appears earnings more than necessary
for support of family > court may order that he pay judgment in fixed monthly
installments > otherwise contempt
The sheriff is not a proper person to be appointed as receiver.
Section 42. Sale of ascertainable interest of judgment obligor in real estate.
If Judgment obligor has interest in real estate (as mortgagor or mortgagee, or
otherwise)
 Receiver may be ordered to sell and convey real estate or interest therein
Section 43. Proceedings when indebtedness denied or another person claims
property.
Person or corporation having property of obligor or indebted to him, claims an
interest in property adverse to him or denies debt. The Court may:
1. authorize judgment obligee to institute action against person or
corporation for recovery of such interest or debt;
2. forbid transfer or other disposition of such interest or debt w/in 120 days
from notice of order; or
 3. may punish disobedience of such order as for contempt. Res Judicata in judgments IN PERSONAM

Court cannot make a finding that 3rd person has in his possession property
belonging to judgment debtor or is indebted to him and to order said person to
pay amount to judgment creditor
Execution may issue only upon an incontrovertible showing that 3rd party holds
property of judgment obligor or is indebted to him
RES JUDICATA
It is a matter adjudged; an existing final judgment or decree rendered on the
merits is conclusive upon the rights of the parties or their privies, in all other
actions or suits in the same or any other judicial tribunal, on the points and
matters in issue in the first suit. It is based on the principle that parties should not
litigate the same matter more than once.

Section 44. Entry of satisfaction of judgment by clerk of court REQUISITES OF RES JUDICATA
1) Former judgment or order must be final and executory;
Section 45. Entry of satisfaction with or without admission 2) Court has jurisdiction over subject matter and parties;
Judgment obligee is obliged to execute and acknowledge admission of satisfaction 3) Former judgment or order was on merits;
of judgment only if judgment obligor demands 4) Identity of parties, subject matter, and cause of action between first and second
action.
ENTRY OF SATISFACTION OF JUDGMENT-WHEN
MADE Test to determine IDENTITY OF CAUSE OF ACTION
1) upon return of execution satisfied Whether the same evidence would sustain both causes of action
2) upon filing of admission of satisfaction by creditor
3) upon indorsement of such admission NOTE: Res Judicata applies only between adverse parties in a former suit, NOT
4) upon order of the court between co-parties

 Creditor who compels satisfaction of judgment loses right of appeal. Paragraph (c) is known as “conclusiveness of judgment” or preclusion of issues or
 Debtor who voluntary satisfies judgment loses right to appeal. rule of AUTER ACTION PENDANT
 But, the debtor who is compelled to pay does NOT lose right to appeal.
CONCLUSIVENESS OF JUDGMENT
Issues are actually and directly resolved in a former suit cannot again be raised in
TENDER OF PAYMENT OF JUDGMENT – - If tender refused, not necessary to make any future case between the same parties involving a different cause of action.
consignation RES JUDICATA OR ESTOPPEL BY JUDGMENT OR CONCLUSIVENESS BY
- Court may direct money to be paid to the court, and order entry of satisfaction of BAR BY FORMER JUDGMENT
judgment JUDGMENT
Refers to same action, Refers to another action between same parties but
TENDER OF PAYMENT OF CONTRACTUAL DEBT – If tender refused, must consign claim or demand involves different claim
payment w/ court - Absolute bar to judgment merely an
subsequent action estoppel only as to those
Section 46. When principal bound by judgment - there is finality as to matters in issue or
against surety the claim or demand controverted
in controversy, not
SURETY SUED ALONE PRINCIPAL AND SURETY PRINCIPAL SUED ALONE only to matters
JOINTLY SUED presented, but as to
- principal also bound by - judgment may be - principal has no any other admissible
judgment rendered against them cause of action against matter w/c might
- surety should notify jointly & severally surety have been
principal and request - surety should file presented
him to join in defense; cross-claim for identity of parties, identity of parties, SM only
surety must still file reimbursement SM, cause of action
separate action for
reimbursement but Section 48. Effect of foreign judgments or final orders.
principal can no longer
set up defenses w/c he EFFECT OF A FOREIGN ORDER OR TRIBUNAL:
could have set up in the 1) Against a specific thing – conclusive upon title to the thing.
original action 2) Against a person – presumptive evidence of a right as between the
- if principal not notified, parties and their successors in interest by a subsequent title.
he may set up defenses In both instances, the judgment may be repelled by evidence of want of
in a subsequent action jurisdiction, notice, collusion, fraud, or clear mistake of law or fact.

 The principal is bound by the same judgment from the time he has notice of ENFORCEMENT OF FOREIGN JUDGMENTS
the action or proceeding and has been given an opportunity at the surety’s By filing an action based on said judgment; foreign judgment is presumed to be
request, to join the defense. valid and binding.

Section 47. Effect of judgment or final orders. RECOGNITION OF A FOREIGN JUDGMENT

Raise the foreign judgment as res judicata in the defense (not in a separate
Paragraph (a) refers to rule on Res Judicata in judgments IN REM. action).
MISCELLANEOUS PRINCIPLES TO BE REMEMBERED IN EXECUTION SALES
JUDGMENT OR FINAL ORDER EFFECT: CONCLUSIVE AS TO
Against a specific thing the title of the thing  A notice of sale is required before the property levied is sold on execution.
Probate of a will or administration of Will or administration. However, only All sales of property under execution must be made at public auction to the
the estate of a deceased person prima facie evidence of the death of
highest bidder but the execution sale must be preceded by a valid levy which
the testator or intestate
is indispensable for a valid execution sale
In respect to the personal, political, or Condition, status, or relationship of
legal condition or status of a the person  a levy is the act whereby the sheriff sets apart or appropriates a part of
particular person the whole of the properties of the judgment obligor to satisfy the
command of the writ
Paragraph (b) refers to as “bar by former judgment or
  levy is necessary only if the obligor cannot satisfy the judgment in case,
certified check or any other mode of payment acceptable to the
judgment creditor
 a levy upon real property is made by the officer by performing two
specific acts:
a) filing with the RD a copy of the order, description of the attached
property and notice of attachment; and
b) leaving with the occupant of the property of the same order,
description and notice.
 Non-compliance with any of these requisites is fatal because
a special statutory provision respecting the manner of
carrying out levy of attachment must be strictly complied
with and departure therefrom shall invalidate the levy
 After sufficient property has been sold to satisfy the execution, no more shall
be sold. (s. 19)
 Any excess of the sale shall be delivered to the judgment obligor (s. 19)
 If the purchaser at the auction refuses to pay the amount bid by him, the
officer may again sell the property to the highest bidder and the court may
require such purchaser to pay unto the court the amount of whatever loss,
with costs by his refusal o pay and if he disobeys the order, may punish him
for contempt. Any subsequent bid by such purchaser may be refused by the
officer conducting the bidding. (S. 20)
 The judgment obligee may bid and if said party is the purchaser and there is
no 3rd party claim, he need not pay the amount of the bid if it does not
exceed the amount of his judgment. If it does, he shall only pay the excess (S.
21)
 If the purchaser of personal property capable of manual delivery pays the
purchase price, the officer making the sale must deliver the property to the
purchaser and shall execute a certificate of sale. The sale conveys to the
purchase all the rights which the judgment obligor had in such property as of
the date of the levy on execution or preliminary attachment. (S. 23)
 When the purchaser of any personal property not capable of manual delivery
pays the price, the officer making the sale must execute and deliver to the
purchaser a certificate of sale. Such certificate conveys to the purchaser all
the rights which the judgment obligor had in such property as of the date of
the levy on execution or preliminary attachment (S. 24)
2. It is not only the judgment debtor who may be examined. A person,
corporation or other juridical entity, indebted to the judgment debtor may
be required to appear before the court or a commissioner appointed by it,
at a time and place within the province or city where such debtor resides
or is found, and be examined concerning the same (S. 37)
EFFECT OF FINAL JUDGMENTS
1. When a court of the Philippines has rendered judgment with jurisdiction
the following are the effects of its judgment or final order:
a. If the judgment or final order is on a specific thing, the same is
conclusive upon the title
b. If judgment or final order is in respect to the probate of a will, or the
administration of the estate of a deceased person, the same is
conclusive upon the will or administration but the probate of the will or
the granting of letters of administration shall only be prima facie
evidence of the death of the testator or intestate and not a conclusive
presumption of death
c. If judgment or final order is in respect to the personal, political, or legal
condition or status of a particular person or his relationship to another,
the judgment or final order is conclusive upon the condition, status or
relationship
d. If the judgment be to the matter directly adjudged or as to any other
matter that could have been raised in relation thereto, the judgment or
final order is conclusive between the parties and their successors in
interest by title subsequent to the commencement of the action or
special proceeding, litigation for the same thing and under the same
title and the same capacity, relationship (bar by prior judgment)
e. In any other litigation between the same parties or their successors in
interest, that only is deemed to be adjudged in a former judgment or
final order which appears upon its face to have been adjudged, or
which was actually and necessarily included therein or necessary
thereto (conclusiveness of judgment)

SALE AND REDEMPTION OF REAL PROPERTY

a. Upon a sale of real property, the officer must give to the purchaser a
certificate of sale. Such certificate must be registered in the registry of deeds
of the place where the property is situated. (S. 25)
b. The real property sold may redeemed from the purchaser, at any time within
1 year from the date of the registration of the certificate of sale. If there are
other creditors having a lien on the property, the property so redeemed may
again be redeemed within 60 days from the last redemption. The property
may again, and as often as a redemptioner is so disposed, be redeemed from
any previous redemptioner within 60 days after the last redemption (S. 28)
c. The property may be redeemed by the judgment obligor, or his successor in
interest or by a creditor having a lien by virtue of an attachment, judgment
or mortgage on the property sold, subsequent to the lien under which the
property was sold. Such redeeming creditor is called a redemptioner. (S.
27[b])
d. The right of redemption under the Rules of Court has reference only to real,
not personal property. (S. 27)

REMEDY WHEN THE JUDGMENT IS UNSATISFIED

1. The judgment obligee is entitled to an order from the court which

rendered the judgment, requiring the judgment obligor to appear and be
examined concerning his property and income before the court or a
commissioner appointed by the court. This remedy has a limitation
because the judgment obligor cannot be required to appear before a court
or commissioner outside the province or city in which such obligor resides
or is found (S. 37)