III.

EXECUTION OF
AGREEMENT/AWARD
 EXECUTION
1) FOR PAYMENT OF MONEY –
a) Lupon Chairman requires Respondent to make
voluntary payment within five (5) days

b) If Respondent fails to pay, Lupon Chairman to

take possession sufficient personal property enough to
satisfy the claim of Complainant plus legal interest and
other expenses

KP Form No. 25- Sample of Notice of Execution

 EXECUTION
1) FOR PAYMENT OF MONEY –
c) Respondent shall have the right to point out
which of the property shall be taken first

d) If property is not enough to satisfy the claim,

deficiency shall be satisfied in accordance with the
provisions of the Rules of Court
 EXECUTION
2) FOR DELIVERY OR RESTITUTION OF
PROPERTY WITHIN THE BARANGAY -

Lupon Chairman shall oust respondent

and place complainant in possession
 EXECUTION
2) FOR DELIVERY OF PROPERTY LOCATED IN
ANOTHER THE BARANGAY -

Lupon Chairman shall authorize the PB

of the barangay where the property is located
to take possession of the same and to act
accordingly
 EXECUTION
2) FOR DELIVERY OF DEEDS OR OTHER
DOCUMENTS -

Lupon Chairman shall direct the lupon

secretary to perform the act/s at the cost of
the respondent and the act/s done shall have
the effect as if it is done by the respondent.
 PROPERTIES EXEMPTED
FROM EXECUTION

1. Debtors Family Home

2. Tools and implements necessarily used by him/her in his/her

trade or employment

3. 2 horses, or 2 cows, or 2 carabaos or other beasts of burden such as

the debtor may select and are necessarily used by him/her in
his/her ordinary occupation

4. Necessary clothing for debtor and family

5. Household furniture and utensils necessary for housekeeping

 PROPERTIES EXEMPTED
FROM EXECUTION

6. Provisions for individual or family use sufficient for four months

7. Professional libraries of attorneys, judges, physicians, pharmacists,

dentists, engineers, surveyors, clergymen, teachers and other
professionals

8. One fishing boat, net and other fishing paraphernalia of the party
who is a fisherfolk by the lawful use of which he/she earns a
livelihood

9. So much of the earnings of the party obliged for his/her personal

services within the month preceding the levy as are necessary for
his/her family’s support
 PROPERTIES EXEMPTED
FROM EXECUTION

10.All moneys, benefits, privileges or annuities, accruing in any

manner or growing out of any life insurance not exceeding
100,000.00

11.The right to receive legal support or money or property

obtained as such support or any pension or gratuity from
the government, and

12.Copyrights and other properties especially exempted by

law.
 PROCEDURE FOR THE
SALE OF PERSONAL PROERTY
a) Notice of sale. – Before the
sale of property on execution
under Section 6(a) hereinabove,
notice thereof must be given as
follows:
 AUCTION SALE

PERISHABLE PROPERTY –
1) Notice of the sale containing the date,
time and place shall be posted immediately in
three public places

2) The sale shall be conducted after

twenty-four (24) hours from posting
 AUCTION SALE

OTHER PERSONAL PROPERTY –

1) Notice of the sale containing the date, time
and place shall be posted immediately in three
public places

2) The sale shall be conducted after five (5)

days but not more than ten (10) days from
posting
 AUCTION SALE

COMMON PROVISIONS –
1) All sale shall be made from 8:00 a.m. to 5:00
p.m.

2) Sale shall be made within the view of the

public

3) Respondent shall identify which of the

property shall be sold first
 AUCTION SALE

COMMON PROVISIONS –
4) Respondent and complainant may participate in the sale

5)Property sold shall be enough to satisfy the claim,

interest and other expenses

6)Lupon Chairman, Lupon Secretary, Lupon members are

disqualified to participate either directly or indirectly
 AUCTION SALE

COMMON PROVISIONS –
7) Lupon Chairman shall pay complainant
from the proceeds of the sale

8) Any excess shall be delivered to the

respondent
 CONVEYANCE TO PURCHASER
OF PERSONAL PROPERTY.
 When the purchaser of any personal
property, capable of manual delivery,
pays the purchase money, the punong
barangay making the sale must
deliver the property to the purchaser
and, if desired, execute and deliver to
him a certificate of sale. The sale
conveys to the purchaser all the right
which the party obliged had in such
property on the day the execution was
levied.
SUSPENSION OF PRESCRIPTIVE
PERIOD OF OFFENSES. –
While the dispute is under mediation,
conciliation, or arbitration, the prescriptive
periods for offenses and cause of action under
existing laws shall be interrupted upon filing of
the complaint with the punong barangay. The
prescriptive periods shall resume upon receipt
by the complainant of the complaint or the
certificate of repudiation or of the certification to
file action issued by the lupon or pangkat
secretary: Provided, however, That such
interruption shall not exceed sixty (60) days from
the filing of the complaint with the punong
barangay.
 PRESCRIPTION OF CRIMES

PENALTY
PRESCRIPTION

1) Death, reclusion perpetua,

reclusion temporal 20 years
2) Afflictive penalties 15 years
3) Correctional 10 years
4) Arresto mayor 5 years
5) Libel 1 year
6) Oral Defamation 6 months
7) Light 2 months
 Dismiss for Lack of
WRITTENCOMPLAINT Authority Send
Summons MEDIATION
FILED BEFORE PB Send Summons
and Noticeand Notice (15 days)
Refer to
appropriate Lupon
Dismiss the
COURT Case
MEDIATION
CONCILIATION
Amicable Amicable
Settlement In case of non- Settlement
Execution of compliance
Award/
Agreement by
ARBITRATION
PB w/in 6 mos.
ARBITRATION
Arbitration
Arbitration Award
Award

File case in Issuance of Constitution

CONCILIATION
Court Certificate of the
to File 15-15-15 Pangkat
Action