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RULE 39 (BAR) EXECUTION, SATISFACTION AND EFFECT OF
JUDGMENTS
Judgments become “FINAL AND EXECUTORY” by operation of law. Finality of
judgment becomes a fact upon the lapse of the reglementary period to appeal if no
appeal is perfected. In such a situation, the prevailing party is entitled to a writ of
execution, and issuance thereof is a ministerial duty of the court. (Abrigo vs. Flores,
G.R. No. 160786, 2013)
AGAINST WHOM ISSUED: execution can only issue against a party and not against one
who has not had his day in court.
GENERAL RULE: The dispositive portion of the decision is the part that is subject
of execution.
Exceptions:
a. Where there is ambiguity, the body of the opinion may be referred to for purposes of
construing the judgment. (Mutual Security Insurance Corporation v. Court of Appeals,
G.R. No. L-47018, 1987);
b. Where extensive and explicit discussion and settlement of the issue is found in the body
of the decision.
WHEN EXECUTION SHALL ISSUE
NO appeal may be taken from an order of execution. A party desiring to assail an
order of execution may instead file an appropriate special civil action under Rule 65
of the Rules of Court.
A final judgment or order is one that finally disposes of a case, leaving nothing more to be
done by the Court in respect thereto
Execution of a final and executory judgment is a MATTER OF RIGHT. A judgment is final
and executory when the law/rules do not provide for an appeal or the period to appeal has
lapsed without an appeal being taken.
GENRULE: COURT CANNOT REFUSE EXECTUION.
The issuance of the writ of execution is the ministerial duty of the court. Thus, it is
compellable by MANDAMUS.
Exceptions (i.e., when the court may refuse execution):
a. Where the judgment turns out to be incomplete or conditional;
b. Judgment is novated by the parties (e.g., compromise);
c. Change in the situation of the parties which would render execution of judgment
unjust;
d. Execution is enjoined (e.g., there is a preliminary injunction);
e. Judgment has become dormant; or
f. Execution is unjust or impossible.
A compromise agreement, once approved by final order of the court, has the force of res
judicata between the parties and should not be disturbed except for vices of consent or
forgery.
However, a writ of execution should not vary the terms of the compromise agreement.
Otherwise, it is void. In this case, it is void because the Compromise Agreement only
obliged the petitioners to deposit the settlement amount in escrow. There was nothing in the
Compromise Agreement that required the petitioners to ensure the distribution of the
settlement amount to each claimant. (Chiquita Brands, Inc. v Omelio, GR No. 189102,
2017)

EXECUTION OF JUDGMENT WRIT OF EXECUTION:

judicial writ issued to an officer authorizing him to execute the judgment of the court. (60
Days lifetime)
If the winning party
Requisites of a Writ of Execution
Judgment is does not move for
The writ must conform strictly to the decision or judgment; it cannot vary the terms of the
executed by execution w/in 5 judgment it seeks to enforce.
motion within 5 years but before 10
years from date of years from the date
its entry of entry of judgment,
the same can only be Grounds for Quashing a Writ of Execution
received by means of
a new action/petition a. When the writ of execution varies the judgment;
b. When there has been a change in the situation of the parties making the execution
inequitable or unjust;
c. When execution is sought to be enforced against property exempt from execution;
Execution is a
d. When it appears that the controversy has never been submitted to the judgment of the
matter of right
court;
after expiration of
period to appeal e. When the terms of the judgment are not clear enough and there remains room for
and no appeal is interpretation thereof;
perfected f. When it appears that the writ of execution has been improvidently issued; or

Discretionary
execution upon good
reasons stated in a
special order after
due hearing
g. When it appears that the writ of execution is defective in substance, or is issued against
the wrong party or that the judgment debt has been paid or otherwise satisfied, or the writ
was issued without authority.
You can also file a petition for certiorari under Rule 65 with prayer for TRO to restrain
execution.
When Execution of Final and Executory Judgments May be ENJOINED:

a. Upon filing of a petition for relief from judgment, the court in which the petition is field
may grant preliminary injunction for the preservation of the rights of the parties pending the
proceedings;

Sheriff enforces writ of execution b. In an attack against a judgment which is void for lack of jurisdiction or was obtained
through fraud, the court in which the action for certiorari, injunction, or annulment is filed
may grant preliminary injunction; and c. On equitable grounds. (Feria and Noche, Civil
Procedure Annotated, 2013 ed., vol. 2, p. 130)

Losing party is made to indemnity thru:

1. payment with interest;
2. levy and sale of personal property; GENERAL RULE: an order of execution is NOT appealable otherwise there would
3. levy and sale of real property; be no end to the litigation between the parties.
4. delivery of personal and real property
EXCEPTIONS:
1. When the terms of the judgment are not very clear;
2. When the order of execution varies with the tenor of the judgment.
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DISCRETIONARY EXECUTION
DISCRETIONARY
EXECUTION
May issue before the lapse of period to
appeal
Discretionary upon the court; there is
inquiry on whether there is GOOD
REASON for Execution
4blue95. Good reasons consist of
compelling circumstances justifying
immediate execution lest judgment
becomes illusory, or the prevailing party,
after the lapse of time, be unable to enjoy
it, considering the tactics of the adverse
party who may have apparently no cause
but to delay
TYPES OF DISCRETIONARY EXECUTION
I. EXECUTION OF A JUDGMENT OR A FINAL ORDER PENDING APPEAL;
EXECUTION AS A MATTER OF
RIGHT
Period to appeal has already lapsed and no
appeal is perfected
Ministerial duty of the court PROVIDED
there are no supervening events.
After the trial court has lost jurisdiction, the motion for execution pending appeal
may be filed with the appellate court.
2023 Note: Awards for MORAL and EXEMPLARY damages CANNOT be the subject of
execution pending appeal. (International School, Inc. (Manila) v. CA, G.R. No. 131109,
1999)
Unlike the actual damages for which the petitioners may clearly be held liable if they
breach a specific contract and the amounts of which are fixed and certain, liabilities with
respect to moral and exemplary damages as well as the exact amounts remain uncertain
and indefinite pending resolution by the CA and eventually the Supreme Court. (Radio
Communications v. Lantin, G.R. No. L-59311, 1985)
2023 Note: Execution pending appeal is NOT applicable in land registration proceedings.
Court may grant a motion for execution pending appeal while it has jurisdiction over
the case and is in possession of either the original record or record on appeal ,at time
of the filing of such motion .It can do so even before expiration of period to appeal
(sec2)
--- motion for execution pending appeal is filed on time, it may be granted after the court
has lost jurisdiction but before the transmission of the records to the appellate court .
---if court has already lost jurisdiction over the case,motion for execution pending appeal
may be filed in the appellate court.

Requisites:

1. Motion for execution filed by the prevailing party;

2. Notice of the motion to adverse party; and GOOD REASONS:
3. Good reasons stated in a special order after due hearing. (Rule 39, Sec. 2)

On motion, WITH NOTICE to the adverse party, the prevailing party may apply for a
writ of execution of judgment or final order pending appeal.
This must be done while trial court has jurisdiction over the case and is in possession of
either the original record or record on appeal. The court may, in its discretion, order
execution even before the expiration of the period for appeal.
Execution pending period to appeal or during appeal is a matter of discretion; may
issue only upon good reasons to be stated in a special order after hearing.
a. By trial court – even after the perfection of the appeal for so long as the
motion for execution was filed while the TC has jurisdiction over the case and
is in possession or the records, upon motion of the prevailing party with notice
to the adverse party
b. Appellate court – after the TC has lost jurisdiction
 Example:
P receives judgment: June 3
The good reasons must be superior circumstances demanding urgency which will
outweigh the injury or damage should the losing party secure a reversal of the
judgment.
--good reasons is not always required that it should be stated in a special order. It is not
strictly construed such statement in special order specially so if it would defeat the interest
of justice ,as long as such reasons may be found somewhere in the record. Absent such, it
would nullify immediate execution(since it would tantamount to be an abuse of judicial
discretion where no sufficient reasons would appear either in special order or by reference
,in the motion for execution or in other pleadings)..
--it is sufficient that good reasons are stated in the motion for execution to which the order
of execution makes reference.
4blue95 notes: Rule on execution pending appeal shall be interpreted restrictively since it
is a matter of discretion on part of the trial court.
4blue95 notes: Several or separate judgments may be executed in same manner as a
judgment or final order pending appeal (sec2b)

D receives judgment: June 1

D files notice of appeal: June 5 Sample of GOOD REASONS for Execution Pending Appeal:
When does trial court lose jurisdiction? June 18
BUT, if P also files a notice of appeal on June 10, trial court loses jurisdiction on 1.insolvency of a defeated party
that date.
2.danger of forfeiture by winning party of its valuable lots through
foreclosure of creditors defeated party
 Execution with respect to appealed cases- there is no need to await remand of
the records. 3.filing of bond—not considered as a good reason to justify immediate
 If ground is the advance age of plaintiff, same can be a good reason for grant
execution, it is merely imposed as an additional factor for the protection
of execution pending appeal. of the debtor.
 Execution with respect to consequential and exemplary damages should be 4.it can be added also that old age of winning party can justify execution
postponed until such time as the merits of the case have been finally
determined in the regular appeal, as the amounts remain uncertain and
pending appeal
indefinite pending resolution
(BAR) X filed complaint against Y. Judgment was rendered in favor of X who 5.wastage of asset
immediately filed motion for execution pending appeal. As such X should file such motion
when decision is pending appeal ,that is,b4 perfection of appeal
4blue95 notes: Even if Y perfected the appeal, X can still file such motion as long as it is
b4 perfection of appeal and the record has not yet been forwarded by the trial court.

II. EXECUTION OF SEVERAL, SEPARATE OR PARTIAL JUDGMENTS

May judgment in a civil case be executed pending appeal? Several separate or partial judgments MAY be executed under the SAME terms and
conditions as execution of judgment or final order pending appeal.
1.the motion for execution pending appeal maybe granted upon good reasons by the
appellate court. 4BLUE 95 Note: An award for actual/compensatory damages may be ordered
executed pending appeal, but not an award for moral or exemplary damages.
2.a judgment in an action for injunction for receivership and accounting is executory
pending appeal unless otherwise ordered by the court.

3.a judgment rendered against the defendant in an action of forcible entry or illegal detainer
is immediately executory (Sec8, Rule 70)

Stay of Discretionary Execution.
The party against whom an execution is directed may file a supersedeas bond to stay
discretionary execution.
SUPERSEDEAS BOND – one filed by a petitioner and approved by the court before the
judgment becomes final and executory and conditioned upon the performance of the
judgment appealed from in case it be affirmed wholly or in part.
4blue95: Supersedeas bond guarantees satisfaction of the judgment in case of affirmance
on appeal, not other things like damage to property pending the appeal.
The court may, in its discretion, order an execution before the expiration of the time within
which to appeal provided;
1. There is a motion for execution filed by the wining party;
2. There is notice of said motion to the adverse party; and
3. there are good reasons stated in a special order after due hearing
(BAR) In an action for collection of P2M ,plaintiff bank alleged that defendant Double T
for valuable consideration executed in favor of bank a promi note for such amount.
Defendant files answer to complainant denying liability and alleging that J had no
authority to negotiate and obtain a loan in its behalf nor sign the promi note. The answer
was not verified.
During trial, defendant sought to introduce evidence showing that J was not authorized to
sign promi note for and in behalf of Double T.Plaintiff objected to such evidence claiming
the J’s authority had been admitted by defendant’s failure to verify answer.
Suppose that no objection was made, and judgment was rendered in favor of bank. The
latter filed a motion for execution pending appeal and forthwith filed a bond in a sum
double the amount adjudged. May court grant such motion on ground that a bond was
filed?
HELD: NO, mere filing of bond is not sufficient reason for execution pending appeal.
Since no objection was made by bank to defendant’s evidence of lack of authority of J, the
same was admissible and constituted a good defense to bank’s action.
Judgments NOT Stayed By Appeal
1. INJUNCTION
2. RECEIVERSHIP
3. ACCOUNTING
4. SUPPORT
5. Such other judgments declared to be immediately executory unless otherwise
ordered by the trial court.
The reason the non-stay of judgment for support is because support is immediately needed
and its delay may unduly prejudice the one in need of it.
2022 notes: An execution of a judgment of support cannot prescribe even though such
motion on ground that it was obtained 7 yrs ago. Since support is an obligation continuing
in nature ,the court never loses jurisdiction to enforce the same.
(BAR) X filed an action for support against his father Y. The trial court rendered judgment
which was appealed by Y. State effect of taking the appeal.
HELD: Taking of appeal shall not suspend the enforceable character of the decision unless
otherwise provided by the trial court(sec4)
EFFECT OF REVERSAL OF EXECUTED JUDGMENT.
If reversed totally or partially, or annulled, on appeal or otherwise, the trial court may, on
motion, issue orders of restitution or reparation of damages as equity and justice may
warrant under the circumstances.
(BAR) Suppose judgment was rendered by RTC and executed on appeal but reversed on
appeal ,what should the trial court do when it is remanded?
HELD: Where judgment executed is reversed totally or partially on appeal, the trial court
,on motion ,after case is remanded to it,may issue such orders of restitution as equity and
justice may warrant under the circumstances (sec5). The court cannot do it motu propio
since it must be in motion.
4blue 95 notes:Judgment obligor is given option to choose which property may be levied
on sufficient to satisfy the judgment
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WRIT OF EXECUTION
A judicial writ issued to an officer authorizing him/her to execute the judgment of the
court.
Requisites:
1. Must strictly conform to the decision or judgment which gives it life;
2. Cannot vary the terms of judgment it seeks to enforce.
The motion for execution and the writ of execution must state specifically the amount of
interest, costs, damages, rents, or profits due as of the date of issuance of the writ, aside
from the principal obligation. (Sec. 8(e), Rule 39)
Special sheriffs for the service of a writ of execution are not authorized by law.
An appeal is the remedy for an order denying the issuance of a writ of execution.
Issuance of the corresponding writ of execution upon a final and executor judgment is a
ministerial duty of the court to execute which is compellable by mandamus
Writ of Execution can be issued against a person not a privy to a case.
 latter’s remedy in which he did not avail of was to intervene in the case in
question involving rights over the same parcel of land (Lising v Plan)
 In case of a motion for demolition, the respondent must be given the
opportunity to intervene to guide the court in disposing of the motion in view
of the claim that his house was erected on the disputed lot, and yet ,he was
not an original party. He must be given a chance to raise it and prove it since
in case of execution, the court has the power to determine all issues of facts
and law which may be involved in the execution (Seavan carrier v GTI
Sports).
 Suppose lessee is evicted, the judgment can be enforced against the
sublessee who was not a party since the possession is independent upon the
possession of the lessee.
RETURN OF WRIT OF EXECUTION The writ of execution shall be returnable to the
court immediately after the judgment has been satisfied in part or in full.
If the judgment cannot be satisfied in full within thirty (30) days after receipt of the writ,
the officer shall report to the court and state the reason therefor. (Sec. 14, Rule 39)
LIFETIME OF THE WRIT OF EXECUTION The writ shall continue in effect during
the period within which the judgment may be enforced by motion. (Id.) Thus, the writ is
enforceable within the five (5) year period from entry of judgment. (Sec. 5, Rule 39)
(BAR) If decision of MTC is affirmed by the RTC and in turn appealed to the CA and
finally decided by the latter, may the winning party move for execution immediately in the
lower court? HELD:YES, if appeal has been duly perfected and the case has been finally
resolved, such execution may forthwith be applied for in the lower court from w/c the
action originated, on motion of the judgment oblige, submitting therewith, certified true
copies of the judgment/s or final order/s 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
requires, direct the court of origin to issue the writ of execution (SC Cir no 24-94)
(BAR) A judgment was rendered by Judge Liwag in 1987 w/c became final and executory
in 1988. In 1984, the plaintiff moved for the execution of the same. The defendant did not
object ,hence, a writ of execution was issued. Is the writ of execution valid?
HELD: NO, failure to interpose any objection to a writ of execution issued upon motion
after 5 yrs from final judgment does not validate the same (Decena v Delos Angeles)
(BAR): A judgment was rendered by court in favor of R and against F in sum of P20M.
When sheriff was in process of enforcing writ of execution, R stopped a levy being made
on the properties of F since he and F had agreed that amount due will be increased to
P22M payable in 11 monthly installments of P2T each w/ G ,sister of F guaranteeing
payment. After paying 4 installments. F and G stopped paying.
R asked court to issue an Alias Writ of Execution for the remaining amount. Should court
issue it?NO, subsequent agreement increasing the amount due and making it payable in
installments constitutes a novation of the judgment. Hence, judgment could no longer be
enforced.
Novation to exist, it is imperative that it be so declared in unequivocal terms or that
the old and the new contract be on every point incompatible with each other.
(BAR): A, driver of a taxicab owned by C injured M. After writ of execution in respect of
damages, it was returned by Sheriff w/ report that A was insolvent, M applied to the Court
for another writ of execution directed against C the owner. Can such writ be issued by
Court?YES, A judgment conviction sentencing a defendant employee to pay an indemnity
is conclusive upon the employer in an action for enforcement of the latter’s subsidiary
liability and such judgment is binding and conclusive w/ regard the amount of indemnity.A
separate civil action is not necessary and enforcement of ER’s subsidiary liability can also
be made in a criminal proceeding.

EXECUTION BY MOTION OR INDEPENDENT ACTION.
MODE OF ENFORCEMENT:
1. By motion within 5 years from date of its entry(motion to execute);
There had been many instances where this Court allowed execution by
motion even after the lapse of five years, upon meritorious grounds. These
exceptions have one common denominator, and that is: the delay is caused or
occasioned by actions of the judgment debtor and/or is incurred for his
benefit or advantage
5-year period may be extended by the conduct of judgment debtor.
2. by independent action after 5 years from entry AND before it is barred
by statute of limitations (10 years from entry)
An action for revival of judgment is a new and independent action. It is
different and distinct from the original judgment sought to be revived or
enforced. (Heirs of Miranda, Sr. v. Miranda, G.R. No. 179638, 2013) Hence,
the five (5) year period to enforce the judgment by motion and the ten (10)
year period to enforce the judgment by action will run from the date of
finality of the revived judgment and not of the original judgment.
The action for revival of judgment need not necessarily be filed with the
same court that decided the case; it shall be filed in the RTC as one incapable
of pecuniary estimation.
4blue95: Judgment for support does not become dormant, thus it can always be executed
by motion.
A revived judgment is a new judgment thus another 5/10 year period to execute and revive
is given the party.
DOUBLE REVIVAL OF JUDGMENT:
After 5 yr pd to execute a judgment has already lapsed, it can be executed by action
provided that it is done within the pd of 10 yrs from its entry or date of finality.
The revived judgment can still be revived as the law says that the revived judgment may
also be enforced by motion within 5 yrs from date of its entry and thereafter by action
before it is barred by the statute of limitations
--it means that revived judgment can be revived provided that it is done within 10 yrs from
finality of the revived judgment (sec6)
--it also means that judgment has double finality since the original judgment has its own pd
of finality and entry (sec6)
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(BAR)After entry of Final judgment on May 5,1964, a land belonging to debtor was levied
upon on execution by the sheriff by furnishing the debtor w/ a copy of the writ of
execution on June 1,1968. The levy however was annotated on the Certificate of Title only
on Dec 1,1968. Thereafter, no action was taken to sell property. On Dec. 5,1975 the debtor
filed an action to cancel the notation of the levy on the ground of prescription. If you were
judge, would you grant prayer of debtor?
GRANTED. The 10 year period for enforcing said judgment expired on May 4,1974.
Although levy on execution was timely made in 1968 w/in reglementary 5 year period, the
sale on execution should have been made before the lapse of 10 year period. Consequently,
the motion to cancel the annotation of the levy, which was filed on Dec 5,1975 after the
judgment had prescribed was proper.
(BAR) Writ of Execution were returned unsatisfied by the sheriff on execution of a final
judgment rendered in favor of A for the sum of money against B on june 5,1983. On June
30,1988 A found some property in name of B so that he immediately filed on July 1,1988
a motion for the issuance of an alias writ of execution. Will you grant the writ? Answer
depends on when the judgment was entered. If the final judgment was entered on June
5,1983, I will not grant the Writ since more than 5 years had elapsed from date of entry of
the judgment or from date it became final and executory. However, if final judgment
rendered on June 5,1983 was entered after July 1,1983, I would grant the writ.
(BAR) A obtained a judgment against B for the payment of money. For failure to appeal
,the judgment became final on July 5,1995. Writs of execution were returned unsatisfied,
for the sheriff was unable to find property of B subject to execution. On June 30,1984 , A
located some property of B where upon A immediately filed in July 1984 a motion for
issuance of an alias writ of execution. Will the writ be granted?
No, since a motion for issuance of an alias writ of execution may be granted only within 5
years from entry of judgment on July 5,1975. It will be necessary for A to file an action to
enforce or revive the judgment before the lapsed of 10 years.
(BAR) Vic Makarinig, resident of Digos city ,secured a favorable judgment in an
ejectment case against Juan Palo-koy.,resident of Tagum City from Metropolitan court of
Davao. The judgment entered on July 16,1991 (bday ni 4Blue95,born 1978) had not yet
been executed. In July 17,1997 (bday ng tita ni 4blue95), Vic decided to enforce the
judgment. What is the procedure to be followed by Vic in enforcing the judgment?
Vic can enforce the judgment by an independent action since reviving the judgment can no
longer be enforce by a motion as the 5 year period w/in which a judgment may be enforced
by a motion has already expired.
Instances when a person may be considered as having waive right to reopen a
judgment:
1.when he acquiesces in the rendition of the judgment or in the judgment as rendered
2.where he acknowledges the binding effect or force of judgment
3.where he receives or retains benefits accruing to him under the judgment
4.where he voluntarily pays the amount in judgment
5.where he offers his property to be sold on execution w/o objection
6.where party vs whom a default or other interlocutory judgment is taken submits to and
ratifies it by participating in the further proceedings in the action
EXECUTION IN CASE OF DEATH OF PARTY.
In case of death of the JUDGMENT OBLIGEE, execution will issue in any case.
In case of death of JUDGMENT OBLIGOR BEFORE LEVY:
 Execution will issue if the action is for the recovery of real or personal
property or any lien thereon.
 Execution will NOT issue if the action is or the recovery of a sum of money.
In this situation, the judgment oblige should file a claim against the estate of
the judgment obligor under Rule 66.
In case of death of JUDGMENT OBLIGOR AFTER LEVY, execution will issue in any
case.
REASON: After a valid levy, the property is already separated from the estate of the
deceased and is deemed in custodia legis.
(BAR) X obtained a judgment against Y. He moved for the execution of the same. The
court granted it within the 5 yr period. The sheriff levied upon the properties of Y within
the 5 yr pd. Can he sell the properties levied upon on the 6th year?
HELD: YES, since it was levied upon with the 5 yr pd but the sale cannot take place
beyond the 10 yr period. (Ansaldo v Fidelity)
(BAR) A judgment was rendered in favor of A vs B. If B dies and the claim is one for sum
of money ,what should be done by A to protect his interest in the judgment.
HELD: He must file his claim in the estate proceedings w/in the 10 yr period .If there is no
pending settlement proceeding, he should commence one and file his money claim therein
(PNB v Villarin)

EXECUTION OF JUDGMENT FOR MONEY
1. IMMEDIATE PAYMENT ON DEMAND
The judgment obligor shall pay in cash, or certified bank check payable to
the judgment obligee or any other form of payment acceptable to the obligee
2. SATISFACTION BY LEVY
LEVY – act by which an officer sets apart or appropriate a part of the whole
of the property of the judgment debtor for purposes of the execution sale.
The sheriff can validly levy any properties of the judgment obligor which
may be disposed of for value but not exempt from execution. The judgment
obligor has the option to choose which property to levy upon. If he does not
exercise the option the officer shall FIRST levy on the personal properties, if
any and then on the real properties of the personal properties are insufficient
to answer for the judgment (Sec. 9[b])
The levy on execution creates a lien in favor of the judgment oblige over the
right, title and interest of the judgment obligor in such property of the time of
the levy, subject to liens and encumbrances then existing (Sec. 12)
MISTAKEN LEVY: What said court can do in these instances, however, is
limited to a determination of whether the sheriff has acted rightly or wrongly
in the performance of his duties in the execution of judgment, more
specifically, if he has indeed taken hold of property not belonging to the
judgment debtor. The court does not and cannot pass upon the question of
title to the property, with any character of finality
3. GARNISHMENT
GARNISHMENT – act of appropriation by the court when property of
debtor is in the hands of third person
The sheriff may levy of 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 third parties (Sec. 9[c])
Levy shall be made by serving notice upon the person owing such debts or
having in his possession 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..
2022 notes: in the event there are 2/more garnishee, the judgment obligor
shall have the right to indicate the garnishee/s who shall be required to
deliver the amount due otherwise the choice shall be made by the judgment
obligee.
rd
2022 notes: The garnishee or the 3 person who is in possession of the
property of the judgment debtor is deemed a forced intervenor.
4blue95 notes: Salary of public officials cannot be garnished since checks
prepared as salary due to a public official that had not yet been delivered did
not yet belong to him and still had the character of public fund, and may not
be garnished to satisfy the judgment (Dela Victoria v Burgos)
Note: The unused balance of an overdraft account is not a credit subject to
garnishment. (Feria and Noche, Civil Procedure Annotated, 2013 ed., vol. 2,
p.181)
The garnishee or the 3 rd person who is in possession of the property of the
judgment debtor is deemed a forced intervenor. (Bank of the Philippine
Islands v. Lee, G.R. No. 190144, 2012)
EXECUTION OF JUDGMENT FOR SPECIFIC ACT.
1. Conveyance, delivery of deeds, or other specific acts, vesting title;
2. Sale of real or personal property;
3. delivery or restitution of real property;
4. removal of improvements on property subject of execution;
5. delivery of personal property.
If the party REFUSES TO VACATE THE PROPERTY, remedy is NOT contempt. The
Sheriff must oust the party. But if demolition is involved, there must be a special order.
If the party REFUSES TO DELIVER, sheriff will take possession and deliver it to the
winning party.
When the party REFUSES TO COMPLY, court can appoint some other person at the
expense of the disobedient party and the act done shall have the same effect as if the
required party performed it, the disobedient party incurs no liability for contempt.
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EXECUTION OF SPECIAL JUDGMENT
When judgment requires the performance of any act other than judgment for money
and judgments for specific act , a certified copy of the judgment shall be attached o
the writ.
The writ or execution shall be served upon the party required to obey the same and
such party may be punished for contempt if he disobeys.
SPECIAL JUDGMENT – one which can only be complied with by the judgment obligor
because of his personal qualifications or circumstances. (e.g., contract to pose for FHM, if
the personal qualification of Diana Zubiri was the main consideration & Cholo Nuere is
the photographer)
In all these cases, failure or refusal to comply with the judgment is punishable as
CONTEMPT ( this is an exemption to the rule that CONTEMPT is not a remedy to
ENFORCE JUDGMENT).
But a judgment for the vacation of the premises occupied by the lessee is not a special
judgment ,so that the refusal of the lessee to vacate is not contemptuous .
Government Retirement Benefits Subject to Execution Pursuant to a Protection
Order Under R.A. 9262
Based on Section 8(g) of R.A. 9262 (Anti-Violence Against Women and Their Children
Act), the court has the power to direct the employer to withhold the appropriate amount
from the Respondent’s salary and to automatically remit the same to the woman, despite
what other laws provide. The Supreme Court ruled that Section 8(g) of R.A. 9262, which
is a later law, should be understood to be an exception to the general rule prohibiting
garnishment of the government benefits. In addition, the Supreme Court declared that the
law’s use of the term ―employer‖ applies to all employers, whether private or government.
(Republic of the Philippines vs. Daisy R. Yahon, G.R. No. 201043, June 16,2014)
PROPERTY EXEMPT FROM EXECUTION.
Except as otherwise expressly provided by law, the ff. property, and no other, shall be
exempt from execution:
1. The judgment obligor’s family homes as provided, by law, or the homestead
in which he resides, and land necessarily used in connection therewith;
2. ordinary tools and implements personally used by him in his trade,
employment, or livelihood;
3. three horses, or three cows, or three carabaos, or other beasts of burden, such
as the judgment obligor may select necessarily used by him in his ordinary
occupation;
4. his necessary clothing and articles for ordinary personal use, excluding
jewelry;
5. household furniture and utensils necessary for housekeeping, and used for
that purpose by the judgment obligor and his family, such as the judgment
obligor may select of value not exceeding 100,000 pesos
6. provisions for individual or family use sufficient for 4 months;
7. the professional libraries and equipment of judges, lawyers, physicians,
pharmacist, dentists, engineers, surveyors, clergymen, teachers, and other
professionals, not exceeding 300,000 pesos in value;
8. one fishing boat and accessories not exceeding the total value of 100,000
peso owned by a fisherman and by the awful use of which he earns his
livelihood;
9. so much of the salaries, wages, or earnings of the judgment obligor fro his
personal services within the 4 months preceding the levy as are necessary for
the support of his family;
10. lettered gravestones;
11. monies, benefits, privileges, or annuities, occurring or in any manner grown
out of any life insurance;
12. the right to receive legal support or money or property obtained as such
support, or any pension or gratuity from the government;
13. properties specially exempted by law
but no article or species of property mentioned in this section shall be exempt from
execution issued upon a judgment recovered for its price or upon a judgment of foreclosure
of a mortgage hereon.
NOTE: other, properties specially exempted from execution;
1. property mortgage to the DBP; (Sec. 26, CA 458)
2. property taken over by the Alien Property Administration;
3. savings of national prisoners deposited with the postal Savings Bank;
4. Backpay of pre-war civilian employees; (RA 304)
5. Philippine government backpay to guerillas; (RA 897)
6. produce, work animals and farm implements of agricultural lessees, subject
to limitations; (sec. 21, RA 6389)
7. benefits from private retirement systems of companies and establishments,
with limitations; (RA. 6389)
8. laborer’s wages, except for debts incurred for food, shelter, clothing and
medical attendance; (Art. 1708 NCC)
9. benefit payments from the SSS; (Sec. 16, RA 1161, as amended by PD 24,
64 and 177)
10. copyrights and other rights in intellectual property under the former
copyright law, PD 49; (cf. Sec. 239. 3, R.A. 8293)
11. bonds issued under RA 1000; (NASSCO vs CIR)

NOTICE OF SALE OF PROPERTY ON EXECUTION.(EXECUTION SALE)
1.PERISHABLE PROPERTY: posting written notice of the time and place of the sale in 3
public places, preferably in conspicuous areas of the municipal or city hall, post office and
public market where the sale is to take place, for such time as may be reasonable,
considering the character and condition of the property;
2.OTHER PERSONAL PROPERTY: by posting similar notice in 3 public places above-
mentioned for not less than 5 days;
3.REAL PROPERTY: by posting for 20 days in 3 public places particularly describing the
property and stating where the property is to be sold, and if the assessed value of the
property exceeds P50,000 by publishing a copy of the notice once a week for 2 consecutive
weeks in 1 newspaper selected by raffle, whether in English, Filipino, or any major
regional language published, edited and circulated or in the absence thereof, having
general circulation in the province or city;
4.IN ALL CASES, written notice of the sale shall be given to the judgment obligor, at least
3 days before the sale, except as provided in par (a) hereof where notice shall be given at
any time before the sale.
Place of Sale
A. It may be agreed upon by the parties; or
B. In the absence of such agreement, the sale will be held in:
a. Sale or Real or Personal Property NOT Capable of Manual Delivery: Office of
the Clerk of Court of MTC; or RTC which issued the writ or was designated by
the appellate court
b. Sale of Personal Property Capable of Manual Delivery: Place where property is
located.
No Sale if Judgment and Costs Paid
At any time before the sale of property on execution, the judgment obligor may prevent the
sale by paying the amount required by the execution and the costs that have been incurred
therein. (Sec. 18, Rule 39)
6
BAR MATTER 2022 ON EXECUTION SALE
Notice of sale is required before levied property can be sold at a public auction (Sec.
15)
However, at any time before the sale of property on execution, the judgment obligor
may prevent the sale by paying the amount required by the execution and the costs
that have been incurred therein. (Sec. 18)
Remedy against an irregular sale is MOTION TO VACATE OR SET ASIDE THE
SALE to be filed in the court which issued the writ.
Persons disqualified from participating in the execution sale:
a. Officer conducting the execution sale or his deputy;
b. Guardian with respect to the property under his guardianship;
c. Agents, the property entrusted to them, unless with principal’s consent;
d. Executors and administrators, the property of the estate under administration;
e. Public officers and employees, the property of the State or any subdivision
thereof, or any GOCC, the administration of which has been entrusted to
them;
f. Justices, judges, prosecuting attorneys, clerks of courts, and other officers
and employees connected with the administration of justice, the property and
rights in litigation or levied upon an execution before the court within whose
jurisdiction or territory they exercise their respective functions;
g. Lawyers, the property and rights which may be the subject of litigation in
which they take part by virtue of their profession;
h. Others specifically disqualified by law. (e.g. seller of goods who exercise
right of resale of goods).
Section 17. Penalty for selling without notice, or removing or defacing notice
Selling w/o notice or Willfully removing or defacing notice, to pay:
1. punitive damages to any person injured thereby – P 5,000
2. actual damages
both to be recovered by motion in the same action.
Section 19. How property sold on execution; who may direct and order of sale.
All sales of property under execution must be made:
1. at public auction;
2. to the highest bidder;
3. to start at the exact time fixed in the notice.
After sufficient property has been sold to satisfy the execution, NO more property shall be
sold 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
The officer may again sell the property to the highest bidder and shall not be responsible
for any loss occasioned thereby.
But the court may order the refusing purchaser to pay into the court the amount of such
loss, with costs, and may punish him for contempt if he disobeys the order.
Section 21. Judgment obligee as purchaser
When the purchaser is the judgment obligee, and no third party claim has been filed, he
need not pay the amount of the bid if it does NOT exceed the amount of his judgment. If it
does, he shall pay only the excess.
Section 22. Adjournment of sale
With written consent of the judgment obligor and obligee- to any date and time agreed
upon.
Without such agreement – from day to day if it becomes necessary to do so for lack of
time.
 7
Conveyance to purchaser of personal property capable of manual delivery REDEMPTION

When purchaser pays the purchase price, the personal property, capable of manual RIGHT OF REDEMPTION:
delivery, must be delivered to him and if desired execute and deliver to him a certificate of 1. Personal Property – NONE; she sale is absolute
sale. 2. Real Property – there is a right of redemption.

WHO may redeem:

Conveyance to purchaser of personal property not capable of manual delivery Only the following:
a. JUDGMENT OBLIGOR, or HIS SUCCESSOR IN INTEREST, in the whole
In this case the officer MUST execute and deliver to the purchaser a certificate of sale. or any part of the property; OR

b. REDEMPTIONER who is a creditor having a:

1) Lien by ATTACHMENT on the property sold subsequent to the lien under
Conveyance of real property; certificate thereof given to purchaser and filed with which the property was sold;
registry of deeds. 2) Lien by JUDGMENT on the property sold subsequent to the lien under
which the property was sold;
Contents of the certificate of sale: 3) Lien by MORTGAGE on the property sold subsequent to the lien under
1. a particular Description of the real property sold; which the property was sold.
2. the Price paid for each distinct lot or parcel;
3. the Whole price paid by him;
4. a statement that the Right of redemption expires 1 year from the date of the
registration of the certificate of sale. WHEN CAN REDEMPTION BE MADE:

2022 Note: The execution and delivery of a certificate of sale is mandatory for
personal property not capable of manual delivery (unlike in conveyance of personal
property capable of manual delivery). This constitutes symbolic delivery.
Certificate of sale where property claimed by third person
The certificate of sale to be issued shall make express mention of the existence of such
third party claim.
1.BY THE JUDGMENT OBLIGOR: Within one (1) year from the date of registration of
the certificate of sale. The ff stipulations pertain to redemption by judgment obligor:
1. purchases price;
2. 1% interest thereon, up to the time of redemption;
3. any amount of assessments or taxes which the purchaser may have paid
thereon after purchase and interest on such last named amount at the same
rate;
4. IF the purchaser be also a creditor having a prior lien to that of the
redemptioner, other than the judgment under which such purchase was made,
the amount of such other lien, with interest.
2.BY THE REDEMPTIONER:
1. within one year from the date of registration of the certificate of sale; or
2. Within sixty days from the last redemption by another redemptioner.

The ff stipulations pertain to redemption BY THE REDEMPTIONER:

1. amount paid on the last redemption;
2. 2% interest thereon;
3. any amount of assessments or taxes which the last redemptioner may have
paid thereon after redemption by him;
4. with interest on such last-named amount;
5. amount of any liens held by said last redemptioner prior to his own, with
interest.
2008 BAR:
3.BUT IN ALL CASES the judgment obligor shall have the entire period of 1 year from
a) The writ of execution was returned unsatisfied. The judgment obligee sebsequently the date of the registration of the sale to redeem the property.
received information that a bank bolds a substantial deposit belonging to the judgment
obligor. If you are the counsel of the judgment obligee, what steps would you take to reach 4blue95:If the judgment obligor redeems. NO further redemption is allowed and he is
the deposit to satisfy the judgment? (3%) restored to his estate.

Since a writ of execution is valid for 5 years from its issuance, the sheriff should be
informed and requested to garnish or levy on execution the bank deposits belonging to the
judgment obligor. After which, the judgment creditor may move for a court order directing
the application of such bank deposit to the satisfaction of the judgment.
The person to whom the redemption payment is made must execute and deliver to him a
certificate of redemption acknowledged before a notary public or other officer authorized
to take acknowledgments of conveyances of real property. (Sec. 29)
4blue95:The redemption price for subsequent redemption shall be the same.
(redemption price becomes higher and higher).

b) If the bank denies holding the deposit in the name of the judgment obligor but your
client's information is certain that the deposit belongs to the judgment obligor under an
assumes name, what is your remedy to reach the deposit? (3%)
Motion be filed for a court order requiring the proper bank officer to appear in court for
examination under oath as to such bank deposit,
And subsequently move for a court order authorizing the filing of an action against such
bank for the recovery of the judgment obligor’s deposit therein and to forbid the transfer of
such within 120 days from notice of the order.
CAN REDEMPTION BE PAID IN OTHER FORMS THAN CASH?
YES. The rule is construed liberally in allowing redemption ( rather than defeat the right)
and it has been allowed in the case of a cashier’s check, certified bank checks and even
checks.
The offer to redeem must be accompanied with a bona fide tender or delivery of the
redemption price.
However, a formal offer to redeem with a tender 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.

CERTIFICATE OF REDEMPTION
2008 BAR: After his properties were attached, defendant Porfirio filed a sufficient
counterbond. The trial court dischrged the attachment. Nonetheless, Porfirio suffered The person to whom redemption is made must execute and deliver a certificate of
substantial prejudice due to the unwarranted attachment. In the end, the trial court rendered redemption acknowledged before a notary public or other officer authorized to take
a judgment in Porfirio's favor by ordering the plaintiff to pay damages because the plaintiff acknowledgments of conveyances of real property
was not entitled to the attachment. Profirio moved to charge the plaintiff's attacment bond.
The plaintiff and his sureties opposed the motion, claiming that the filing of the
counterbond had relieved the plaintiff's attachment bond from all liability for the damages.
Rule Porfirio's motion. (4%)
Rents, Earnings and Income of Property Pending Redemption
Porfirio's motion should be granted. The bond of the plaintiff remains until there is a final
determination that the attachment is proper or not. Such bond should answer for damages All rents, earnings and income derived from the property pending redemption shall belong
that porfirio will suffer in relation to the attachment. Discharge of attachment through a to the judgment obligor until the expiration of his/her period of redemption. (Sec. 31, Rule
counterbond does not relieve the plaintiff's liability in the bond for damages that porfirio 39)
sufferred due to the unwarranted attachment.

Deed and Possession to be Given at Expiration of Redemption Period; By Whom
Executed or Given
a. If NO redemption is made within one (1) year from the date of the registration of the
certificate of sale - the purchaser is entitled to a conveyance and possession of the
property;
b. If redeemed whenever sixty (60) days have elapsed and no other redemption has been
made, and notice thereof given, and the time for redemption has expired – the last
redemptioner is entitled to the conveyance and possession.
In all cases the judgment obligor shall have the entire period of one (1) year from the date
of the registration of the sale to redeem the property.
The deed shall be executed by:
a. The officer making the sale; or
b. His/her successor in office.
Recovery of Price if Sale Not Effective; Revival of Judgment
The purchaser may recover the purchase price if:
A. The purchaser or his/her successor-in-interest, fails to recover the possession thereof; or
B. The purchaser or his/her successor-in-interest is evicted therefrom:
a. In consequence of irregularities in the proceedings concerning the sale; or
b. Because the judgment has been reversed or set aside; or
c. Because the property sold was exempt from execution; or
d. Because a third person has vindicated his/her claim to the property.
The purchaser may:
a. File a motion in the same action or in a separate action to recover from the judgment
obligee the price paid, with interest, or so much thereof as has not been delivered to the
judgment obligor, or
b. File a motion to have the original judgment revived in his/her name for the whole price
with interest, or so much thereof as has been delivered to the judgment obligor. (Sec. 34,
Rule 39)
Note: The judgment so revived shall have the same force and effect as an original
judgment would have as of the date of the revival and no more.
Right to Contribution or Reimbursement
Contribution and reimbursement may be obtained in a separate action, unless cross claims
have been filed and adjudicated in the same action, in which case, execution may issue to
compel contribution or reimbursement.
EXAMINATION OF JUDGMENT OBLIGOR WHEN JUDGMENT IS SATISFIED
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/her property or income be examined. (Sec. 6,
Rule 39)
Limitation
No judgment obligor shall be required to appear before a court or commissioner outside
the province or city in which such obligor resides or is found.
EXAMINATION OF DEBTORS OF THE JUDGMENT OBLIGOR
The court may order to be examined any person or corporation who has property of the
debtor, or is indebted to the debtor in order to bind the credits due to debtor. (Sec. 37, Rule
39) Enforcement of Attendance and Conduct of Examination A party or other person may
be compelled, by an order or subpoena, to attend before the court or commissioner to
testify as provided in Sections 36 and 37. (Sec. 38, Rule 39)
8
THE EFFECT OF FOREIGN JUDGMENTS
i. In case of a judgment or final order UPON A SPECIFIC THING:
The judgment or final order is conclusive upon the title to the thing.
ii. In case of a judgment or final order AGAINST A PERSON:
The judgment or final order is presumptive evidence of a right as between the parties and
their successors in interest by a subsequent title.
iii. In EITHER case, the judgment or final order may be REPELLED by evidence of:
a. Want of jurisdiction;
b. Want of notice to the party;
c. Collusion;
d. Fraud; or
e. Clear mistake of law or fact.
Enforcement
In order to enforce a foreign judgment in the Philippines, it is necessary to file an action
based on said judgment. A foreign judgment is presumed valid and binding in the country
from which it comes, until the contrary is show. (Feria and Noche, Civil Procedure
Annotated, 2013 ed., vol. 2, p. 287)
Recognition
A defendant in a Philippine court may invoke a foreign judgment as res judicata in his
defense. It is not necessary to institute a separate action or proceeding for recognition of
the foreign judgment, as long as the parties opposed to the judgment on the grounds of
want of jurisdiction, want of notice to the party, collusion, fraud, or clear mistake of law or
fact, have the opportunity to challenge the foreign judgment
2007 BAR: What are the rules on the recognition and enforcement of foreign
judgments in our courts?
HELD: Judgments of Foreign courts are given recognition in our courts ,provided that
Foreign Tribunal had jurisdiction, thus:
- in case of judgment UPON A SPECIFIC THING, the judgment
is conclusive upon the title of the thing, unless otherwise
repelled by evidence of
i. lack of jurisdiction ,
ii. want of due notice to the party,
iii. collusion ,
iv. fraud or
v. clear mistake of law or fact.
- In case of judgments AGAINST A PERSON, the judgment is
presumptive evidence of a right as between the parties and
their successors in interest by subsequent title unless otherwise
repelled by evidence on grounds above stated.
- HOWEVER, judgment of foreign courts may only be enforced
in the Philippines through an action validly heard in the
Regional Trial Court. Thus, it is actually the judgment of the
Philippine court enforcing the foreign judgment that shall be
executed.
2007 BAR: Can a foreign arbitral award be enforced in the Philippines under those
rules?
HELD: NO, a foreign arbitral award cannot be enforced in the Philippines because it is not
a foreign judgment
Pursuant to ALTERNATIVE DISPUTE RESOLUTION ACT (RA 9285), in relation to
1958 New York Convention on Recognition and Enforcement of Foreign Arbitral Awards,
the recognition and enforcement of the Foreign arbitral awards shall be in accordance with
the rules of procedure promulgated by the Supreme Court.
4blue 95: At present however, the Supreme Court is yet to promulgate rules of procedure
on the subject matter (2008 updates)
2007 BAR: How about a Global injunction issued by a Foreign Court to prevent
dissipation of funds against a defendant therein who has assets in the Philippines?
HELD: YES, a global injunction issued by a Foreign court to prevent dissipation of funds
against a defendant who has assets in the Philippines may be enforced in our jurisdiction
subject to our procedural laws.
4blue 95: As a general rule, NO SOVEREIGN IS BOUND TO GIVE EFFECT WITHIN
ITS DOMINION to a judgment or order of a tribunal of another country.
However, under the RULES OF COMITY, UTILITY and CONVENIENCE : nations have
established a usage among civilized states by which final judgments of foreign courts of
competent jurisdiction are reciprocally respected and rendered efficacious under certain
conditions that may vary in different countries.
( St.Aviation Services v Grand International Airways 505 SCRA 30 -2006

EFFECT OF JUDGMENT AND FINAL ORDERS
EFFECTS OF JUDGMENTS IN REM:
The judgment or final order is CONCLUSIVE upon the title to the thing, the will or
administration or the condition, status or relationship of the person in case of a judgment or
final order:
a. Against a specific thing; or
b. In respect to the probate of a will; or
c. The administration of the estate of a deceased person; or d. In respect to the personal,
political, or legal condition or status of a particular person or his relationship to another
(Example: naturalization, adoption, and annulment of marriage)
Exception: The probate of a will or granting of letters of administration shall only be
PRIMA FACIE evidence of the death of the testator or intestate. (Sec. 47(a), Rule 39)
RES JUDICATA on Judgments IN REM
JUDGMENT or FINAL ORDER EFFECT: CONCLUSIVE AS TO
Against a specific thing Title to the thing
Probate of a will or administration of the Will or administration. However, ONLY
estate of a deceased person prima facie evidence of the death of the
testator or Intestate
In respect to the personal, political, or legal Condition, status or relationship of the
condition or status of a particular person person
EFFECTS OF JUDGMENTS IN PERSONAM
In OTHER CASES, the judgment or final order is, with respect to the matter directly
adjudged or as to any other matter that could have been missed in relation thereto,
CONCLUSIVE between the parties and their successors in interest, by title subsequent to
the commencement of the action or special proceeding, litigating for the same thing and
under the same title and in the same capacity. (RES JUDICATA or BAR BY PRIOR
JUDMENT) (Sec. 47(b), Rule 39)
In ANY OTHER LITIGATION BETWEEN THE SAME PARTIES OR THEIR
SUCCESSORS IN INTEREST, that only is deemed to have been adjudged in a former
judgment or final order which appears upon its face to have been so adjudged, or which
was actually and necessarily included therein or necessary thereto. (ESTOPPEL BY
JUDGMENT OR CONCLUSIVENESS OF JUDGMENT) (Sec. 47(c), Rule 39)
Judgment is deemed CONCLUSIVE when the issues actually and directly resolved in a
former suit cannot again be raised in any future case between the same parties involving a
different cause of action.
RES JUDICATA OR BAR BY PRIOR JUDGMENT
A judgment or decree of a court of competent jurisdiction concludes the litigation between
the parties and their successors or privies and bars a new action or suit involving the same
cause of action.
RES JUDICATA V CONCLUSIVENESS OF JUDGMENT
Res judicata (meaning, a ―matter adjudged‖) is a fundamental principle of law which
precludes parties from re-litigating issues actually litigated and determined by a prior and
final judgment. There is a bar by prior judgment where there is identity of parties, subject
matter, and causes of action between the first case where the judgment was rendered and
the second case that is sought to be barred.
There is conclusiveness of judgment, on the other hand, where there is identity of parties in
the first and second cases, but no identity of causes of action. (De Leon v Dela Llana, G.R.
No. 212277, 2015)
Estoppel by Judgment or Conclusiveness of Judgment
Any right, fact or matter in issue which has been directly adjudicated upon or is necessarily
involved in the determination of the action by a competent court is conclusively settled by
the judgment or final order and CANNOT be litigated again by the parties and their
privies.
Generally, decisions in administrative cases are not binding on criminal proceedings. Thus,
an absolution from a criminal charge is not a bar to an administrative prosecution or vice
versa. However, this case does not involve an administrative charge stemming from the
same set of facts involved in the criminal proceeding.
9
Known as “conclusiveness of judgment” or preclusion of issued or rule of AUTER
ACTION PENDANT
CONCLUSIVENESS OF JUDGMENT – issues actually and directly resolved in a former
suit cannot again be raised in any future case between the sane parties involving a different
cause of action.
 has the effect of preclusion only of issues.
 Parties in both actions may be the same but the causes of action are different
BAR BY FORMER JUDGMENT CONCLUSIVENESS OF JUDGMENT
There is identify of parties, subject matter There is ONLY identify of PARTIES AND
and causes of action SUBJECT MATTER
The first judgment constitutes as an The first judgment is conclusive only as to
ABSOLUTE BAR TO ALL MATTERS matters directly adjudged and actually
directly adjudged and those that might litigated in the first action. Second action
have been adjudged. can be prosecuted.
Examination of judgment obligor when judgment is unsatisfied
Q: The plaintiff, a Manila resident, sued the defendant, a resident of Malolos Bulacan, in the RTC
–Manila for a sum of money. When the sheriff tried to serve the summons with a copy of the
complaint on the defendant at his Bulacan residence, the sheriff was told that the defendant had
gone to Manila for business and would not be back until the evening of that day. So, the sheriff
served the summons, together with a copy of the complaint, on the defendant’s 18 year-old
daughter, who was a college student. For the defendant’s failure to answer the complaint within
the reglementary period, the trial court, on motion of the plaintiff, declared the defendant in
default. A month later, the trial court rendered judgment holding the defendant liable for the entire
amount prayed for in the complaint.
a. After the judgment had become final, a writ of execution was issued by the court. As
the writ was returned unsatisfied, the plaintiff filed a motion for an order requiring the
defendant to appear before it and to be examined regarding his property and income. How
should the court resolve the motion? A: The RTC-Manila should deny the motion
because it is in violation of the rule that no judgment obligor shall be required to appear
before a court, for the purpose of examination concerning his property and income,
outside the province or city in which such obligor resides. In this case the judgment
obligor resides in Bulacan. (Sec. 36, Rule 39)
b. Seven years after the entry of judgment, the plaintiff filed an action for its revival. Can
the defendant successfully oppose the revival of the judgment by contending that it is null
and void because the RTC-Manila did not acquire jurisdiction over his person? Why?
(2002 Bar) A: Yes, because the sheriff did not exert sufficient effort to serve summons
personally on the defendant within a reasonable time and hence the RTC-Manila did not
acquire jurisdiction over his person. (Secs. 6 and 7, Rule 14; De Guzman v. Court of
Appeals, G.R. No. 120941, April 18, 1997) Enforcement and effect of foreign judgments
or final orders
Q: Under Article 1144 of the New Civil Code, an action upon a judgment must be brought within
10 years from the time the right of action accrues. Is this provision applicable to an action filed in
the Philippines to enforce a foreign judgment? Explain. (2005 Bar)
A: No. Article 1144 of the Civil Code which requires that an action upon a judgment (though
without distinction) must be brought within 10 years from the time the right of action accrues,
does not apply to an action filed in the Philippines to enforce a foreign judgment. While we can
say that where the law does not distinguish, we should not distinguish, still the law does not
evidently contemplate the inclusion of foreign judgments. A local judgment may be enforced by
motion within five years and by action within the next five years (Rule 39). That is not the case
with respect to foreign judgments which cannot be enforced by mere motion.
REVERSE TRIAL ( 2022 update) :
One where the defendant or the accused present evidence ahead of the plaintiff or
prosecution and the latter is to present evidence by way of rebuttal to the former’s
evidence.
This kind of trial may take place in a civil case when the defendant’s answer pleads new
matters by way of affirmative defense, to defeat or evade liability for plaintiff’s claim
which is not denied but controverted.
In a criminal case, a reverse trial may take place when the accused made known to the trial
court, on arraignment ,that he is to adduce affirmative defense of a justifying or exempting
circumstance and thus impliedly admitting the act imputed to him.
The trial court may then require the accused to present evidence first. Proving the
requisites of the justifying or exempting circumstance he is invoking, and the prosecution
to present rebuttal evidence controverting the same.

Q:
a. The writ of execution was returned unsatisfied. The judgment obligee subsequently received
information that a bank holds a substantial deposit belonging to the judgment obligor. If you are
the counsel of the judgment obligee, what steps would you take to reach the deposit to satisfy the
judgment?
A: Since a writ of execution is valid for five years from its issuance, the sheriff should be
informed and requested to garnish or levy on execution the bank deposits belonging to the
judgment obligor (Sec.9[c], Rule 39). Then the judgment creditor may move for a court
order directing the application of such bank deposit to the satisfaction of the judgment. (Sec.
40, Rule 39)
b. If the bank denies holding the deposit in the name of the judgment obligor but your
client's informant is certain that the deposit belongs to the judgment obligor under an
assumed name, what is your remedy to reach the deposit? (2008 Bar)
A: To reach the bank deposit belonging to the judgment obligor but under an assumed name,
a motion may be filed for a court order requiring the proper bank officer to appear in court
for examination under oath as to such bank deposit, and subsequently move for a court order
authorizing the filing of an action against such bank for the recovery of the judgment
obligor’s deposit/interest therein and to forbid a transfer or other disposition of such
deposit/interest within 120 days from notice of the order. (Secs. 37 and 43, Rule 39)
10
Q: A obtained a money judgment against B. After the finality of the decision, the court issued a
writ of execution for the enforcement thereof. Conformably with the said writ, the sheriff levied
upon certain properties under B’s name. C filed a third-party claim over said properties claiming
that B had already transferred the same to him. A moved to deny the third-party claim and to hold
B and C jointly and severally liable to him for the money judgment alleging that B had transferred
said properties to C to defraud him (A). After due hearing, the court denied the third-party claim
and rendered an amended decision declaring B and C jointly and severally liable to A for the
money judgment. Is the ruling of the court correct? Explain. (2005 Bar)
A: No. C has not been properly impleaded as a party defendant. He cannot be held liable for the
judgment against A without a trial. In fact, since no bond was filed by B, the sheriff is liable to C
for damages. C can file a separate action to enforce his third-party claim. It is in that suit that B
can raise the ground of fraud against C.
However, the execution may proceed where there is a finding that the claim is fraudulent.
(Tanongan v. Samson, G.R. No. 140889, May 9, 2002)

Q: A, a resident of Dagupan City, secured a favorable judgment in an ejectment case against X, a

resident of Quezon City, from the MTC of Manila. The judgment, entered on 15 June 1991, had
not as yet been executed. a. In July 1996, A decided to enforce the judgment of the MTC of
Manila. What is the procedure to be followed by A in enforcing the judgment? A: A can enforce
the judgment by another action reviving the judgment because it can no longer be enforced by
motion as the five-year period within which a judgment may be enforced by motion has already
expired. (Sec. 6, Rule 39) b. With what court should A institute the proceedings? (1997 Bar)
A: A may institute the proceedings in the Regional Trial Court in accordance with the rules of
venue because the enforcement of the judgment is a personal action incapable of pecuniary
estimation.

Q: The trial court rendered judgment ordering the defendant to pay the plaintiff moral and
exemplary damages. The judgment was served on the plaintiff on October 1, 2001 and on the
defendant on October 5, 2001. On October 8, 2001, the defendant filed a notice of appeal from the
judgment, but the following day, October 9, 2001, the plaintiff moved for the execution of the
judgment pending appeal. The trial court granted the motion upon the posting by the plaintiff of a
bond to indemnify the defendant for damages it may suffer as a result of the execution. The court
gave as a special reason for its order the imminent insolvency of the defendant. Is the order of
execution pending appeal correct? Why? (2002 Bar)
A: No, because awards for moral and exemplary damages cannot be the subject of execution
pending appeal. The execution of any award for moral and exemplary damages is dependent on
the outcome of the main case. Liabilities for moral and exemplary damages, as well as the exact
amounts remain uncertain and indefinite pending resolution by the Court of Appeals or Supreme
Court. (RCPI v. Lantin, G.R. No. L-59311, January 31, 1985; International School, Inc. v. Court
of Appeals, G.R. No. 131109, June 29, 1999)

Q: Aldrin entered into a contract to sell with Neil over a parcel of land. The contract stipulated a
P500,000.00 down payment upon signing and the balance payable in twelve (12) monthly
installments of Pl00,000.00. Aldrin paid the down payment and had paid three (3) monthly
installments when he found out that Neil had sold the same property to Yuri for Pl.5 million paid
in cash. Aldrin sued Neil for specific performance with damages with the RTC. Yuri, with leave of
court, filed an answer-inintervention as he had already obtained a TCT in his name. After trial, the
court rendered judgment ordering Aldrin to pay all the instalments due, the cancellation of Yuri's
title, and Neil to execute a deed of sale in favor of Aldrin. When the judgment became final and
executory, Aldrin paid Neil all the installments but the latter refused to execute the deed of sale in
favor of the former. Aldrin filed a "Petition for the Issuance of a Writ of Execution" with proper
notice of hearing. The petition alleged, among others, that the decision had become final and
executory and he is entitled to the issuance of the writ of execution as a matter of right. Neil filed a
motion to dismiss the petition on the ground that it lacked the required certification against forum
shopping.

a. Should the court grant Neil's Motion to Dismiss? (2015 Bar)

A: No. The motion to dismiss should be denied because the certification against forum
shopping is only required in a complaint or other initiatory pleading (Sec. 5, Rule 7; Arquiza
v. Court of Appeals, G.R. No. 160479, June 8, 2005). Since a petition for the issuance of the
writ of execution is not an initiatory pleading, it does not require a certification against
forum shopping.

b. Despite the issuance of the writ of execution directing Neil to execute the deed of sale in
favor of Aldrin, the former obstinately refused to execute the deed. What is Aldrin's remedy?
(2015 Bar) A: Aldrin may move for the issuance of a court order directing the execution of
the Deed of Sale by some other person appointed by it. Under Section 10, Rule 39, if a
judgment directs a party to execute a conveyance of land or personal property, or to deliver
deeds, other documents, or to perform, any other specific act in connection therewith, and
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 by some other person appointed by the court and the act
when so done shall have like effect as if done by the party. If real or personal property is
situated within the Philippines, the court in lieu of directing a conveyance thereof may by an
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. The phrase ―some other person appointed by
the court‖ may refer to the branch clerk of court, sheriff or even the Register of Deeds, and
their acts when done under such authority shall have the effect of having been done by Neil
himself.

Q: JK’s real property is being attached by the sheriff in a civil action for damages against LM. JK
claims that he is not a party to the case; that his property is not involved in said case; and that he is
the sole registered owner of said property. Under the Rules of Court, what must JK do to prevent
the sheriff from attaching his property? (2000 Bar)
A: If the real property is being attached, the remedy is to file a third-party claim. The third-party
claimant should make an affidavit of his title to the property attached, stating the grounds of his
title thereto, and serve such affidavit upon the sheriff while the latter has possession of the
attached property, and a copy thereof upon the attaching party (Sec. 14, Rule 57). The third-party
claimant may also intervene or file a separate action to vindicate his claim to the property involved
and secure the necessary reliefs, such as preliminary injunction, which will not be considered as
interference with a court of coordinate jurisdiction. (Ong v. Tating, G.R. No. L-61042, April 15,
1987)