SUMMARY OF RULE 39

Execution is a process provided by law for the enforcement of a final judgment. It is the fruit and end of
suit. A judgment that is left unexecuted is nothing but an empty victory for the prevailing part. (Cagayan
de Oro Coliseum v. CA, G.R. No. 129713, Dec. 15, 1999; Ayo v. Violago-Isani, A.M. No. RTJ-99-1445, 21
June 1999).

Execution as a matter of right

 Rule 39 Section 1. Execution upon judgments or final orders. – Execution shall issue as a matter
of right, on 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. (1a) If the
appeal has been duly perfected and finally resolved, the execution may forthwith be applied for
in the court of origin, on 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. The appellate court may, on motion in the same
case, when the interest of justice so requires, direct the court of origin to issue the writ of
execution. (As amended by Cir. No. 24-94.)
 The general rule is that execution shall issue as a matter of right on the part of the prevailing
party once a judgement becomes final and executory (Greater Metropolitan Manila Solid Waste
Management Committee vs. Jacom GR 163663, June 30, 2006)

Exceptions to the execution of judgement as a matter of right

1. When the judgement turns out to be incomplete or conditional.

2. Judgement Novated by subsequent agreement of the parties.
3. Equitable grounds like a change in situation of all the parties which makes execution inequitable
4. Execution is enjoined.
5. Judgement has become dormant, except support which can be executed by motion.
6. Execution is unjust or impossible.
7. When the judgement has already been executed by the voluntary compliance thereof by the
parties.
8. When refusal to execute has become imperative in the higher interest of justice.
9. When the execution is sought against property exempt from execution under Sec. 13 of Rule 39

Execution when discretionary

a) Execution of a judgment or final order pending appeal. – On motion of the prevailing party with notice
to the adverse party filed in the trial court while it has jurisdiction over the case and is in possession of
either the original record or the record on appeal, as the case may be, at the time of the filing of such
motion, said court may, in its discretion, order execution of a judgment or final order even before the
expiration of the period to appeal. After the trial court has lost jurisdiction, the motion for execution
pending appeal may be filed in the appellate court. Discretionary execution may only issue upon good
reasons to be stated in a special order after due hearing.

(b) Execution of several, separate or partial judgments. – A several, separate or partial judgment may be
executed under the same terms and conditions as execution of a judgment or final order pending
appeal. (2a)

When is execution issued as a matter of discretion?

An execution may be allowed even before the expiration of the period for appeal or pending appeal
provided that following requisites are present:

1. There must be a motion filed by the prevailing party with notice to the adverse party.
2. The motion must be filed with the trial court while it has jurisdiction over the case and is in
possession of either the original record or the record on appeal, at the time of the filling of the
motion.
3. There must be a hearing of the motion for discretionary execution.
4. There must be good reasons to justify the discretionary execution.
5. The good reasons must be stated in special order. (ROC, Rule 39, Sec. 2 par. (a)).

Execution in case of death of party

Rule 39. Section 7. Execution in case of death of party. – In case of the death of a party, execution may
issue or be enforced in following manner:

(a) In case of the death of the judgment obligee, upon the application of his executor or administrator,
or successor in interest;

(b) In case of the death of the judgment obligor, against his executor or administrator or successor in
interest, if the judgment be for the recovery of real or personal property, or the enforcement of a lien
thereon;

(c) In case of the death of the judgment obligor, after execution is actually levied upon any of his
property, the same may be sold for the satisfaction of the judgment obligation, and the officer making
the sale shall account to the corresponding executor or administrator for any surplus in his hands. (7a)

What are the contents of a writ of execution?

Rule 39 Section 8. Issuance, form and contents of a writ of execution.

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, in the manner hereinafter provided:
 (a) If the execution be against the property of the judgment obligor, to satisfy the judgment, with
interest, out of the real or personal property of such judgment obligor;

(b) If it be against real or personal property in the hands of personal representatives, heirs,
devisees, legatees, tenants, or trustees of the judgment obligor, to satisfy the judgment, with interest,
out of such property;

(c) If it be for the sale of real or personal property, to sell such property, describing it, and apply
the proceeds in conformity with the judgment, the material parts of which shall be recited in the writ of
execution;

(d) If it be for the delivery of the possession of real or personal property, to deliver the
possession of the same, describing it, to the party entitled thereto, and to satisfy any costs, damages,
rents, or profits covered by the judgment out of the personal property of the person against whom it
was rendered, and if sufficient personal property cannot be found, then out of the real property; and

(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. (8a)

How does the officer enforce the judgement for money?

1. Immediate payment of demand

1. The officer shall enforce an execution of a judgment for money by demanding from
the judgment obligor the immediate payment of the full amount stated in the writ of
execution and all lawful fees.

2. The judgment obligor shall pay in cash, certified bank check payable to the judgment
obligee, or any other form of payment acceptable to the latter, the amount of the
judgment debt under proper receipt directly to the judgment obligee or his authorized
representative if present at the time of payment.

3. The lawful fees shall be handed under proper receipt to the executing sheriff who
shall turn over the said amount within the same day to the clerk of court of the court
that issued the writ. If the judgment obligee or his authorized representative is not
present to receive payment, the judgment obligor shall deliver the aforesaid payment to
the executing sheriff.

4. The executing sheriff shall turn over all the amounts coming into his possession within
the same day to the clerk of court of the court that issued the writ, or if the same is not
practicable, deposit said amounts to a fiduciary account in the nearest government
depository bank of the Regional Trial Court of the locality.
 5. The clerk of said court shall thereafter arrange for the remittance of the deposit to the
account of the court that issued the writ whose clerk of court shall then deliver said
payment to the judgment obligee in satisfaction of the judgment.

6. The excess, if any, shall be delivered to the judgment obligor while the lawful fees
shall be retained by the clerk of court for disposition as provided by law. In no case shall
the executing sheriff demand that any payment by check be made payable to him.

2. Satisfaction by levy

1. If the judgment obligor cannot pay all or part of the obligation in cash, certified bank
check or other mode of payment acceptable to the judgment obligee, 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.
2. If the judgment obligor does not exercise the option, the officer shall first levy on the
personal properties, if any, and then on the real properties if the personal properties are
insufficient to answer for the judgment.
3. The sheriff shall sell only a sufficient portion of the personal or real property of the
judgment obligor which has been levied upon. When there is more property of the
judgment obligor than is sufficient to satisfy the judgment and lawful fees, he must sell
only so much of the personal or real property as is sufficient to satisfy the judgment and
lawful fees. Real property, stocks, shares, debts, credits, and other personal property, or
any interest in either real or personal property, may be levied upon in like manner and
with like effect as under a writ of attachment.

3. Garnishment of debts and credits

1. 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.

2. Levy shall be made by serving notice upon the person owing such debts or having in
his possession or control such credits to which the judgment obligor is entitled. The
garnishment shall cover only such amount as will satisfy the judgment and all lawful
fees.

3. The garnishee shall make a written report to the court within five (5) days from
service of the notice of garnishment stating whether or not the judgment obligor has
sufficient funds or credits to satisfy the amount of the judgment. If not, the report shall
state how much funds or credits the garnishee holds for the judgment obligor.

4. The garnished amount in cash, or certified bank check issued in the name of the
judgment obligee, shall be delivered directly to the judgment obligee within ten (10)
working days from service of notice on said garnishee requiring such delivery, except the
lawful fees which shall be paid directly to the court. In the event there are two or more
garnishees holding deposits or credits sufficient to satisfy the judgment, the judgment
obligor, if available, shall have the right to indicate the garnishee or garnishees who shall
be required to deliver the amount due; otherwise, the choice shall be made by the
judgment obligee. The executing sheriff shall observe the same procedure under
paragraph (a) with respect to delivery of payment to the judgment obligee. (8a, 15a)