RULE 39, 2019 Rules of Civil Procedure

EXECUTION AND MOTION FOR

EXECUTION OF JUDGEMENT
It is a process provided by law for the
enforcement of a final and executory
judgment. Enforcement is part of the court's
jurisdiction.
It is a remedy afforded for the satisfaction of a
judgment. Its object being to obtain
EXECUTION
satisfaction of the judgment on which writ is
issued (Cagayan de Oro Coliseum v. CA, G.R.
No. 129713, December 15, 1999)
Execution can only issue against a party and not against one
who never had his day in court (Green Acres Holdings, Inc.
v. C a b r a l , G . R . N o : 1 7 5 5 4 2 , J u n e 5 , 2 0 1 3 ) .
E X E C U T I O N A S A M AT T E R O F R I G H T V S .
DISCRETIONARY EXECUTION

Execution as a Matter of Right/ Compulsory Execution (Rule 36 Sec.1)

Requisites of Execution as a Matter of Right

1. Prevailing party must file a motion for execution with the court of origin with notice to the
adverse party;
2. Upon rendition of a judgment or order that completely disposes of the action or proceeding;
and
3. No motion for reconsideration, new trial, or appeal of the judgment or final order is filed within
the reglementary period.

Execution shall issue as a matter of right on the part of the prevailing party once a judgment becomes
final and executory
E X E C U T I O N A S A M AT T E R O F R I G H T V S .
DISCRETIONARY EXECUTION

Discretionary Execution/ Execution Pending Appeal (Rule 36 Sec.2)

May issue before the lapse of period to appeal, and even during appeal and is discretionary upon the court; there is
inquiry on whether there is good reason for execution

Requisites for Discretionary Execution:

1. There must be a motion filed by the prevailing party with notice to the adverse party;
2. There must be a hearing of the motion for discretionary execution;
3. The motion must be filed in the trial court while it has jurisdiction over the case and is in possession of either the
original record or the record on appeal or with the appellate court after the trial court has lost jurisdiction over the
case;
4. There must be good reasons to justify the ^ discretionary execution; and
5 . T h e g o o d r e a s o n s m u s t b e s t a t e d i n a s p e c i a l o r d e r a f t e r d u e h e a r i n g ( B a n g k o k B a n k P u b l i c C o . , L t d . v. L e e , G . R .
No. 159806, January 20, 2006).
It is a motion filed by the
prevailing party for the execution MOTION
of judgment against the losing
party.
FOR
Execution shall issue as a matter of
right, on motion, upon a judgment
ISSUANCE
or order that disposes of the action
or proceeding upon the expiration
of the period to appeal therefrom if
OF A WRIT
no appeal has been duly perfected.
(Section 1, Rule 39, Revised Rules OF
on Civil Procedure)
EXECUTIO
N
 WHEN TO FILE
A final and executory judgment or order
may be executed on motion within five (5)
y e a r s f r o m t h e d a t e o f i t s e n t r y. ( S e c t i o n 6 ,
Rule 39, Revised Rules on Civil Procedure)
 WHERE TO FILE
A. If the appeal has been duly perfected and finally
resolved, the execution may forthwith be applied for in
the court of origin, on motion of the judgment obligee,
submitting therewith certified true copies of the
judgment or judgments or final order or orders sought
to be enforced and of the entry thereof, with notice to
t h e a d v e r s e p a r t y. ( S e c t i o n 1 , R u l e 3 9 , R e v i s e d R u l e s
o n C i v i l P ro c e d u re )
B. If the appeal has been duly perfected and finally
resolved, the execution may forthwith be applied for in
the court of origin, on motion of the judgment obligee,
submitting therewith certified true copies of the
judgment or judgments or final order or orders sought
to be enforced and of the entry thereof, with notice to
t h e a d v e r s e p a r t y. ( S e c t i o n 1 , R u l e 3 9 , R e v i s e d R u l e s
o n C i v i l P ro c e d u re )
 M AT E R I A L
AV E R M E N T S I N T H E
MOTION
1. Date when the judgment became final and
executory; and
2. An assertion that by virtue of such
f i n a l i t y, e x e c u t i o n s h o u l d f o l l o w a s a m a t t e r
of right.
 A. Title
 The branch where the motion is filed.
 The names of the plaintiff(s) and the
defendants (s).
 The civil case docket number.

B . The B o dy

 The title “MOTION FOR EXECUTION”

 The dispositive portion ordering the
CONTENTS 
execution of the judgment.
That the judgment has already become final

OF THE 
and unappealable.
That the defendant has not complied with the
judgment.
MOTION
C. Pra y er
 For the issuance of writ of execution
 Signature of the application
 D. Notice of Hearing

 Name of defendant and

name of the plaintiff
 Name of the clerk of court
 The date and place where
CONTENTS the motion will be
submitted
OF THE  Signature of the applicant

MOTION E. Proof of Service