Questions to ponder:
a matter of right. Becauase, there is an
What happens if judgment becomes final
and executory and there has been no post
judgment remedy availed of by the losing
party? What will be the natural course of
things that will be undertaken by the
winning party known as your “judgment
obligee or judgment creditor or winning
party with finality would eventually move
for execution
Topics to be discussed:
1. Execution
2. Types of execution
a. Ministerial Execution
b. Discretionary Execution
3. How to stay discretionary execution
4. What are the judgments or decisions
that cannot be stayed if there is an
appeal
5. Implication or Effect of a reversal in
case judgment has been executed
6. Distinguish Execution through
motion and Execution through an
Independent action
7. Other important Matters
EXECUTION
- legal remedy for the enforcement of a
judgment or final order or final decision
which has attained finality
-it is a non-litigious motion. Hence, the court
where the motion for execution is filed must
resolve the motion for execution within 5
days from receipt of the motion for
execution
Question: What is the particular judgment
or final order or final decision(FO/FD)
which is covered by ex-parte motion or our
non-litigious execution?
A: It is only motion for execution as
execution which is not a matter of right
termed as “discretionary execution”
EXECUTION AS A MATTER OF
RIGHT/MINISTERIAL EXECUTION
Question: How can a final judgment or a
final order or a final decision be executed as
a matter of right by judgment
obligee/judgment creditor. What do they
need to comply with before the execution
can be done by the Sheriff?
Answer:
A. Judgment must have attained
finality
B. There must be a motion
Question: How will the movant obligee or
creditor do it?
A: One must look into where are the
court records. Are the records already with
the court that rendered judgment in its
original jurisdiction or is the record still with
the appellate court?
Situation 1: Records are already with the
court of origin or the Court which rendered
the judgment in the exercise of its original
jurisdiction. If the record is already with the
trial court which rendered the judgment
sought to be executed, then a simple motion
without the necessity of notice is the only
requirement for the judgment obligee to be
able to successfully move of the execution.
Ex. Simple collection suit filed with the
Municipal Trial Court of Baguio City. No
appeal and judgment has attained finality.
Here, the records are with the MTC of
Baguio City. Hence, the winning party
(Plaintiff) can move for execution of
judgment through a simple non-litigious
motion for execution.
Situation 2:
Judgment of MTC in a situation where the
defendant lost has been appealed to the RTC
having territorial jurisdiction with the MTC
in our situation, Baguio City. The RTC of
Baguio City in exercise of its appellate
jurisdiction affirmed the decision of the
MTC awarding the money sought to be
collected by the plaintiff from the defendant
affirming the decision of Baguio City. And
that judgment on appeal has attained finality.
Therefore, the RTC in the exercise of its
appellate jurisdiction where the judgment
has attained finality transmitted back the
entire records to the MTC which is the court
that rendered the judgment. (Remember that
in a simple notice on appeal from the MTC
to the RTC, there is a need to
elevate/transmit the entire records subject of
the appeal to the appellate court). If the RTC
transmitted back the records back to the
MTC of Baguio City which is the court that
rendered the judgment which was appealed
to the RTC, in this situation, since the
records are already with the MTC of Baguio
City, then the judgment obligee or judgment
creditor, in our situation the Plaintiff who
won, can file a non-litigious motion for
execution.
Question: (Involving the same
illustration, what if there has been an appeal
from MTC to the RTC, and the RTC has not
yet transmitted back the records to MTC
notwithstanding that the decision on appeal
affirming the decision of the MTC has
attained finality. Here there are two possible
ways for judgment obligee/creditor can
move for execution:
(remember records have not yet been
transmitted from RTC to MTC)
Answer:
1. File a motion for execution with
the MTC, or
2. File a motion for execution with
the appellate court(RTC in this
case)
Question:
If the plaintiff/winning party/judgment
obligee or judgment creditor opts to file a
motion for execution with the MTC
notwithstanding the fact that the records are
still with the RTC(not having been
transmitted back), what should be complied
with strictly?
Answer:
1. The winning party must file a
motion
2. The motion must furnish the
losing party/judgment obligor for
purposes of notifying the
judgment obligor/debtor of the
motion
3. The motion must be coupled with
a certified true copy of the final
order, final resolution, or the
judgment or the decision of the
appellate court affirming the
decision of the lower court.
Hence, in our illustration, there
should be a certified true copy of
the final judgment, final decision
of the RTC when it rendered its
judgment on appeal affirming the
decision of the MTC. A certified
final and executory judgment on
appeal which must be attached on
the motion.
 4. A writ an entry of final judgment
—likewise be attached to the
motion
5. Entry of final judgment
However, if the option of the judgment
obligee (chosen option) was to file the
motion with the appellate court, the motion
must also contain a notice to the losing
party/judgment obligor that there is a
motion for execution filed with the appellate
court
Question: If the chosen option of the
judgment obligee were to file the motion for
execution with the appellate court, should
the motion contain an attachment of the
judgment/ final order which has attained
finality and an entry of final judgment?
Answer: No more. Because the
records are still with the RTC.
In the first situation, there is a need
for the judgment obligee to attach the final
order/final judgment/decision, and an entry
of final judgment considering that the
records are not yet with the court a quo.
-But in the second situation where
the judgment obligee filed the motion for
execution with the appellate court, the
judgment which has attained finality are
there in the records with appellate court.
(16 minutes)