Rules Of Court

Section:
Section: 1-12
1-12
What is execution?
• It is the remedy afforded for the
satisfaction of judgment and considered as
the fruit and end of the suit/ life of the law
When it is to What is the portion
be issued? to be executed?
• Upon the finality of • “Fallo” or the
judgment disposotive portion
As a matter of right? (Sec 1)

It is as a matter of right upon

upon a judgment or order that
disposes of the action upon the
expiration of an appeal if no
appeal has been perfected
 As a matter of right? (Sec 1)

What if there’s an appeal?

• If the appeal has been perfected and finally resolved, the court may apply it to the court of origin.

How the execution shall be issued?

• A motion for the issuance of a writ of execution
• It must contain a notice to the adverse party

Can a judge order an execution in which

it is immediately executory?
• No a judge may not order execution of judgment in the decision itself, it must be in motion by the
party.
 As a matter of right? (Sec 1)

Are parties allowed to object

to the execution of final
judgment?
• As a General Rule: No, the parties are
not allowed to object to the execution
of final judgment?
• Exception: When the terms of
judgment are not clear enough and
there remains room for interpretation
 As a matter of right? (Sec 1)

Remedy:
• Stay of Execution- Temporary Suspension of The
Execution Order
• Quashal of the Writ of Execution
• Circumstances:
o Varies Judgment
o Change in situation making it unjust
o When it is enforced against property exempt
o Controversy has never been submitted to
judgment of court
o Terms are not clear
o Writ is improvently issued
o When it is defective in substance
Where application of execution made?
• Execution shall be applied in the court of origin
• What if there’s an appeal which is perfected and
finally resolved?
o The Execution may still be applied in the court of origin
upon motion of the judgment oblige

o It does not require to remand the records to the court of

origin, what is required is the appeal to be perfected and
finally resolved before execution may be applied

o What if the court f origin can’t dispatch the execution?

 The oblige may file a motion to the appellate court
to direct the court of origin to issue the writ
Can an appeal be taken from an
order of execution?
• No appeal may be taken from an order of
execution

What is the remedy if you want to

assail an order of execution?
• May file a separate civil action under Rule 65 of ROC
Can an execution be made even before
the lapse of an appeal or when it is
still pending?
• General Rule: No
o Exception: Discretionary Execution
Discretionary Execution
• It is the exception to the General Rule that
a judgment can’t be executed before the
lapse of the period for an appeal or when it
is still pending
• It is not a matter of right but a
discretionary powers of the court
• As being a discretionary power, it can only
be prayed or hoped for
 Discretionary Execution

Requisites for discretionary execution: Effect of Non Compliance with

• There must be a motion filed by the prevailing the requisites of Discretionary
party with notice to the adverse party Execution
• There must be a hearing of the motion for • Void
discretionary execution
• It must be filed in the trial court while it has
jurisdiction over the case and while in possession
of either the original record or record on appeal
• There must be good reasons
• Good Reasons must be stated in the special order
 Discretionary Execution

Good Reason Examples of reasons not justified

• Essential as a justification for discretionary execution as good reasons?
• Call for the attendance of compelling circumstances
• International Schools, Inc Manila vs Court of
warranting immediate execution for fear that favorable
Appeals
judgment may yield to a empty victory
• Frivolous (Not Serious)
• Is there a concrete definition of Good Reason?
• Dilatory (Slow)
o There is no strict definition of good reasons
• Posting of Bond
o Must be determined in circumstances of each case
o Premise on solid footing
• Financial Distress
 Discretionary Execution

Where to file for discretionary execution?

• With the trial court while it has jurisdiction
over the case
• With the trial court while it is in possession
of either the original record or record on
appeal
• After trial court lost it jurisdiction, it may be
filed in the appellate court
Sec. 3. Stay of discretionary execution
• Diesel Corporation vs Jollibee Food Corporation
• The foregoing sections mean that after the perfection of
the appeal and the transmittal of the records, the trial
court loses jurisdiction over the case. Henceforth, it may
no longer grant a motion for, or issue a writ of immediate
execution; to do so would be an abuse of discretion.

• While it is true that the trial court granted the Motion of

the petitioner for execution pending appeal, it did not
actually issue a writ of execution, because the latter had
failed to comply with the Special Order proviso requiring
the posting of a bond. 
Sec. 3. Stay of discretionary execution
• As a General Rule an appeal perfected in
time stays the execution of judgment
• Exceptions: Rule 39 (Sec 4)
 Rule 39 (Sec 4)

Judgments not stayed by an appeal includes:

• injunction
• receivership
• accounting and support
• such other judgments declared to
be immediately executor
*If such is authorized, it shall be upon such terms as to bond or
otherwise as may be considered proper for the security or
protection of rights
 Rule 39 (Sec 4)

What can the appellate court do if an appeal is regarded to such matters?

• The appellate court may suspend, modify, restore and
grant the injunction, receivership, accounting or awards.

How do you file a bond?

• One Example of filing a bond is by paying the plaintiff
rents, damages,, costs that have accrued down to the
time of the judgment appealed from. Failure to comply
entitles the plaintiff to execution of the judgment.
SEC. 5. Effect of reversal of executed judgment.
What will happen if the discretionary
execution is reversed or annulled?
• The trial court may on motion issue such
order of restitution or reparation of
damages as equity and justice may
warrant.
• No need for specifying the judgment that
there should be restitution

• (Salas v Quinga)
Modes of Execution of Judgment
• Execution by motion if the enforcement is
sought within 5 years from the date of its
entry
• Execution by independent action if the 5
year has elapsed and before it is barred by
statute of limitation (Sec 6)
 Rule 39 (Sec 6)

Execution by independent action if the 5 year has elapsed and before it is barred by statute
of limitation (Sec 6)
• It must be filled within 10 years from finality of judgment
• Revival of Judgment – procedural means of securing the
execution of a previous judgment which has become
• The revival of judgment is a new action but only as to the
dormant after the passage of 5 years without being
executed upon motion of the prevailing party issue of the right of the plaintiff to have a judgment revived.

• Exception when a mere motion may grant the execution of

• It is not intended to re-open any issue affecting the merits
judgment after 5 years from the date of entry: The delay is
of judgment nor the correction of 1 st judgment
caused or occasioned by actions of judgment and or
• Subject to defenses such as: matters of jurisdiction, incurred for his benefit or advantage (2) by the agreement
of parties to suspend the further enforcement of the writ
prescription, payment or other defenses
• When the 5 year and 10 periods do not apply?

• Special Proceedings such as: land registration and

cadastral cases
• Judgment for support wich do not become dormant
SEC. 7. Execution in case of death of party
Effect of death in execution
• Judgment Obligee: It will not prevent the execution of
judgment, it may be issue upon the application of his executor,
administrator or successor in interest

• Judgment Obligor: Execution shall still go on, it shall be

issue against his executor or administrator or successor in
interest, if the judgment be for recovery of real or personal
property or lien.

• If the death occurs after execution is actually levied upon any

of his property, if there are surplus after the sale the officer
making the sale shall account to the corresponding executor
or administrator.
In what instance should the old rule in applying the satisfaction of the
judgement first to the personal property and then the real property of the
judgement obligor?

• Only in paragraph (d) of sec. 8. 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 judgement out of the personal property
cannot be found, then out of the real property.
  Forms and Contents of writ Execution

• In the name of the Republic of the

Philippines from the court which granted
the motion
• The name of the court which granted the
motion, Case Number and Title, dispositive
Portion of judgment or order subject of the
execution
• Shall require the sherrif or other proper
officer to whom it is directed to enforce
according to the terms in Rule 39 Sec 8
  Forms and Contents of writ Execution

a) If execution be against the property of the judgement obligor, to satisfy the judgement with interest, out of the
real or personal property of such judgement obligor.

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

c) If it be for the sale of real or personal property, to sell such property, describing and apply the proceeds in
conforming with the judgement, 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
judgement out of the personal property cannot be found, then out of the real property.

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 judgement. For
this purpose, the motion for execution shall specify the amounts of the foregoing relief sought by the movant.
  Forms and Contents of writ Execution

Can a writ of execution be quashed?

 
•Yes, upon motion, if the writ does not
conform with the judgement and if it is
different from or exceeds the terms of the
judgement.
What are the steps in executing a judgment of money
(Sec 9)
• Demand from the judgment obligor the full amount stated in the
writ of execution including the lawful fees in cash, certiied bank
check, or any other forms of payment

• If obligor can’t pay Judgment obligor shall have the option to

choose which property or part thereof may be levied upon

• In absence of option, the sheriff shall first levy the personal

property to satisfy the claims and in case the claims are not yet
satisfied, it can proceed with the real properties

• The officer may levy on the debts due the judgment debtor ( bank
deposits, financial interest)
 Rule 39 (Sec 9)

Supposing A is the judgment obligor in a certain case and because of his failure
to pay the full amount in cash, the sheriff levied immediately his property
located in Rizal. Is the act of the sheriff proper?
• No, under Sec 9 of the same rule, the judgment obligor has the option to
choose which of his property not exempt from execution may be levied
upon. It is only when the judgement obligor does not exercise the option to
choose that the sheriff shall levy on the personal properties first and then on
the real properties are insufficient
 Rule 39 (Sec 9)

What will happen if the judgment obligor is absent or can’t be located?

• The Obligor waives his right to choose the properties to be levied, Consequently The sheriff may
now proceed against his personal property and if insufficient, his real properties.
 Rule 39 (Sec 9)

Requisites for Garnishment:

• Serving notice upon the 3rd person having in possession or control of the credits,
including bank deposits, financial interests, royalties, commissions and other
personal property not capable of manual delivery in the posession or control of
third parties, in favor of judgment obligor
• The 3rd person shall make written report within 5 days from service of notice stating
whether the obligor has sufficient funds to satisfy claim based on his credit to 3rd
person.
• If it is sufficient, the 3rd person shall deliver the amount in cash or check within 10
working days from service of notice on said garnishee requiring delivery.
• If not sufficient, the garnishee shall make a report as to the amount he holds for
judgment obligor
 Rule 39 (Sec 9)

Is the right of the purchaser in an auction sale absolute?

• No, his/her right is not absolute because it is still subject to
redemption by the obligor

When does it become absolute?

• After the period for redemption if there is a failure to redeem
the subject property
SEC. 10. Execution of judgments for specific act
• If the judgment directs a conveyance of real or personal property or to
deliver deeds or other documents, or to perform any other specific act, the
court in directing the conveyance may order to divest the title and vest it in
the other which shall have the effect of conveyance if the real or personal
property is situated within the Philippines.

• If the judgment requires a person to perform a specific act, but the party
fails to comply within the time specified, the court may direct the act to be
done by someone at the cost of the disobedient party and the act shall be
considered as if it is done by the party (Sec. 10 [a])

• If the judgment be for the sale of real or personal property, to sell such
property, describing it and apply the proceeds in conformity with the
judgment. (Sec. 10 [b])
 Rule 39 (Sec 10[C])

How do you execute a judgment for ejectment?

• The officer shall demand from the judgement obligor to vacate peacefully
within 3 working days and restore possession of the property to the
judgement obligee.

• It shall be accompanied by a notice of writ and making a demand to

comply. (Calaunan vs. Madolaria)

• The 3 working period is required and can’t be dispensed. (Mendoza vs.

Doroni, Calaunan vs, Madolaria)
 Rule 39 (Sec 10)

The court executed a land to B and upon the act of execution the officer
remove the trees and other improvements as he contend that it is not
subject to the possession of the oblige or the new owner? Is the act of
the officer valid?
• No, these acts may only be done by the officer upon a special order by the
court which shall be issued upon motion by the obligee and upon hearing
and only after the obligor fails to remove them. (Sec. 10 [d])
 Rule 39 (Sec 10)

When the judgement refuses to give possession of the property ordered by the writ of
execution can the party be held in contempt of court?
• No, the proper procedure is that the officer should dispossess him of the property and if after
the dispossession, the judgement obligor still refuses then may he be punished for contempt.
(Fuentes et. Al. Vs Leviste, Pascua vs. Heirs of Segundo Simeon)

Can the judgment obligee immediately take possession of the personal property that is
the subject of the execution?
• No, The officer shall take possession of the personal property first before delivering it to the pary
entitled thereto. (Sec. 10 [e])
SEC. 11. Execution of special judgments.
• What are Special Judgments?
Special Judgments are judgments which require
the performance of any act, other than the
payment of money, sale or delivery of real or
personal property.
 Rule 39 (Sec 11)

How are Special Judgments executed?

• A certified copy of the judgment shall be attached to the writ of execution and shall
be served by the officer upon the party whom against the execution is rendered or
any other person required thereby, or by law, to obey the same.

What happens in case of refusal to comply with a special judgment?

• The part who refuses may be punished for contempt.
What is Levy? (Sec. 12)
• Levy means the act or acts by which an
officer sets a part or appropriates a part or
the whole of the property of the
judgement debtor for purposes of the
prospective execution sale. If susceptible of
appropriation, the officer removes and
takes the property for safekeeping.
 Rule 39 (Sec 12)

Can a valid sale occur without levy?

• No, any sale of the property without a valid levy is considered as void
(Valenzuela vs. Aguilar)

What is the general rule in considering notice of the levy?

• The general rule is that judgment debtor must be served with the notice of
the levy. Absence of such notice can be cured by service on him of the
notice of sale prior to the sale.