Civ Pro - Rule 39 (Execution, Satisfaction, & Effect of Judgments)

Question 1

is the remedy afforded for the satisfaction
of a judgment.

Answer 1

execution

Question 2

Its object being to obtain satisfaction of the
judgment on which the writ is issued

Answer 2

execution

Question 3

It is the fruit and end of the suit, and is the life of the law

Answer 3

execution

Question 4

what are the part of the judgment to be executed

Answer 4

fallo (dispositive portion)
- DP/F of the judgment is the part which subject to execution under Rule 39 of the Rules of Court.

Question 5

Jurisprudence considers this portion of the
judgment as that which finally vests rights upon the parties, sets conditions for the exercise of those rights, and imposes the corresponding duties and obligations.

Answer 5

dispositive portion / fallo

Question 6

When execution shall issue

Answer 6

• upon finality of judgment
• GEN: not allowed to object execution
  EXC terms of judgment are unclear and remains room for interpretation
  REM: adverse seek stay of execution or quashal of the writ of execution

==================================

1. It is settled that upon the finality of the judgment, the prevailing party in entitled, as a matter of right, to a writ of execution to enforce the judgment, the issuance of which is a ministerial duty of the court (Calilung v. Paramount Insurance Corporation, G.R. No. 195641, February 3, 2016).
2. As a rule, parties are not allowed to object to the execution of a final judgment. One exception is when the terms of the judgment are not clear enough and there remains
   room for interpretation. If the exception applies, the adverse party may seek the stay of execution or the quashal of the writ of execution (Orix Metro Leasing and Finance Corporation v. Cardline, Inc., G.R. No. 201417, January 13, 2016).

Question 7

The right to execution is compellable by ________. This is in accordance with the doctrine of __________________________, which states that, as a rule, a judgment that has become final and executory is immutable and unalterable, and may no longer be modified in any respect

Answer 7

mandamus
of immutability of final judgments

Question 8

how execution shall issue

Answer 8

[1]
- issued as a matter of right on motion. motion before issuance

[2]
- judgments which are immediately executory needs motion
- notice to adverse party
- wrong to argue that decision approving parties’ compromise is immediately executory without need to file motion
==================
1. Execution shall issue as a matter of right on motion. This is plain from the tenor of Sec. 1 of Rule 39. There is, therefore, a need to file a motion before the issuance of a writ
of execution

Hence, a judge may not order execution of the judgment in the decision itself (Lou v. Siapno, 335 SCRA 181, 187).

2. In Lou v. Siapno, ibid., the Court declared that, even in judgments which are immediately executory, “there must be a motion to that effect and a hearing called for the purpose.” Also, “under Supreme Court Circular No. 24-94, a motion for the issuance of a writ of execution must contain a
   notice to the adverse party” (Pallada u. Regional Trial Court of Kalibo) Thus, in one more recent pronouncement, the Court explicitly ruled that it was wrong for a petitioner’s counsel to argue that since the decision approving the parties’ compromise was immediately executory, there was no need to file a motion for execution
3. Because of the present phraseology of Sec. 1 of Rule 39, rulings like those made in De Mesa v. Court of Appeals to the effect that where execution is a matter of right, the judgment debtor need not be given an advanced notice of the application for execution nor be afforded a prior hearing thereon, must necessarily be deemed superseded.

Question 9

first five years of the 10

Answer 9

filing of motion of execution

Question 10

fail to file motion what if 5 years has lapsed, what now? pg 712

Answer 10

revival of judgment
- refiling of an independent action
- venue should be the same court (real actions)
- venue should be in the resident of the plaintiff/defendant (personal action)

Question 11

fail to file revival of judgment after 10 years?

Answer 11

no more execution.

Question 12

when is judgment final & executory?

Answer 12

15 after notice of parties AND the act of the entry of judgment in the book is a mere confirmation (long standing pronouncement decision)

Question 13

why 15 days?

Answer 13

allow party to challenge the decision via ordinary appeal

Question 14

grounds for motion for recon KNOWLEDGE CHECK (not mandatory when availing)

Answer 14

judgment is finding of damage is excessive
- evidence is sufficient
- contrary

Question 15

addressed to the court officer to implement who is the sheriff

Answer 15

writ of execution

Question 16

if the fallo or writ of execution is ambiguous (pg 555-back track)

Answer 16

clarificatory judgment

Question 17

forcible entry case > special rules court can entertain ownership only when it is indispensible, filing a separate action

with respect to issue with ownership, forcible entry

Answer 17

conclsuivenes of judgment does not apply

Question 18

where application for execution made

Answer 18

[1]
- execution applied in court of origin
- perfected appeal and finally resolved, execution applied in the court of origin on motion

[2]
- filing motion for execution of appealed decision no need to wait for records of the case to be remanded to court of origin
- what is required is appeal perfected and finally resolved before execution applied for

bc judgment obligee files motion for exec in court of origin and all he is to do is to attach certified true copies of:
- judgment by appellate court
- entry of said judgment w/ notice to adverse party

[3]
- if execution cannot be carried out promptly in the court of origin, judgment obligee may file a motion with the appellate court to direct the court of origin to issue the writ of execution

==================
1. Execution shall be applied for in the court of origin. If an appeal has been duly perfected and finally resolved, the execution may be applied for also in the court of origin on motion of the judgment obligee (Sec. 1, Rule 39,)

2. In filing a motion for execution of an appealed decision, there is no need to wait for the records of the case to be remanded to the court of origin. All that is required is for
   the appeal to have been duly perfected and finally resolved before execution may be applied for (Bergonia v. Decano)

This is because when the judgment obligee
files a motion for execution in the court of origin, all he has to do is to attach the certified true copies of (a) the judgment
of the appellate court, and (b) the entry of the said judgment, with notice to the adverse party (Sec. 1, Rule 39,) even if the records have not as yet been remanded to the court of origin. This procedure prevents needless delays in the execution of the judgment.

3. If for whatever reason, execution cannot be had with dispatch in the court of origin, the new rules, likewise, afford the judgment obligee a remedy. He may file a motion with the appellate court to direct the court of origin, in the interest of justice, to issue the writ of execution (Sec. 1, Rule 39

Question 19

can you appeal from an order of execution? how about judgment? final order?

Answer 19

appeal: judgment & final order
no appeal: order of execution

A party desiring to assail an order of execution may instead file an appropriate special civil action under Rule 65

Question 20

what is the form and contents of writ of execution

Answer 20

The writ of execution is issued in the name of the Republic of the Philippines and shall state:

• (a) the name of the court which granted the motion,
• (b) the case number and title,
• (c) the dispositive portion of the judgment or order subject of the execution, and
• (d) shall require the sheriff or other proper officer to whom it is directed to enforce the writ according to its terms (Sec. 8, Rule 39

Question 21

A sheriffs duty in the execution of a writ is purely _______; he is to execute the order of the court strictly to the letter

Answer 21

ministerial

He has no discretion whether to execute the
judgment or not

Question 22

A writ of execution derives its validity from the _______ it seeks to enforce.

Hence, it should not vary the terms or go beyond its terms.

The general rule is that the writ of execution should conform to the dispositive portion of the decision to be executed, and that the execution is ___ if it is in excess of and beyond the original judgment or award

Answer 22

judgment
void

Question 23

B’s judgment did not contain payment of interest but later on the writ of execution did. Which shall prevail?

Answer 23

The judgment shall prevail.
The writ of execution is void.

if the judgment does not provide for the payment of interest, the writ of execution cannot modify the judgment by requiring the judgment obligor to pay interest. That part of
the writ imposing interest is void

Question 24

what is the life time of the writ of execution?

how can it be enforced?

Answer 24

the writ is enforceable within the five-year period from entry of judgment (s6, r39)

within that period, the writ may be enforced by motion.

Question 25

When shall execution be denied?

Answer 25

The trial court may refuse to have the judgment executed in certain cases, as a. When the judgment has already been executed by the voluntary compliance thereof by the parties (b) When the judgment has been novated by the parties [instead of 5 mil immediately, it's by installment] (c) When a petition for relief is filed and a preliminary injunction is granted in accordance with Sec. 5 of Rule 38. Also, when execution of the judgment is enjoined (restrained) by a higher court [exc to judicial stability: coordinate courts may interfere] (d) When the judgment sought to be executed is conditional or when the judgment sought to be executed is incomplete (e) When facts and circumstances transpire which would render execution inequitable or unjust (f) When execution is sought more than five years from its entry without the judgment having been revived (g) When execution is sought against property exempt from execution (h) When refusal to execute the judgment has become imperative in the higher interest of justice ======================= a. There is no need for execution in this case because the judgment has already been satisfied by the voluntary act of the parties. This is a situation where there is a satisfaction of the judgment without need for a writ of execution issued by the court. b. The parties, despite the existence of a judgment, are at liberty to novate a judgment by entering into a compromise. A compromise is a contract recognized by substantive law c. If a higher court issues an injunction to stop or prevent the execution of a judgment ordered by a lower court, it means that the enforcement of the judgment is put on hold until the higher court has had an opportunity to review the case or the issues raised. d. A court orders the payment of damages, but the exact amount is contingent on the resolution of a related dispute. Until the related issue is resolved, the judgment is incomplete, and execution may be delayed. e. The judgment involves the eviction of a tenant, but after the judgment, it is discovered that the tenant has nowhere else to go due to unforeseen circumstances. In such a case, execution may be delayed or modified to prevent undue hardship.

Question 26

There maybe instances, however, when errors may be committed prejudicial to the rights of a party and do call for correction by a superior court. In these exceptional circumstances, considerations of justice and equity dictate that there be some mode available to the party aggrieved of elevating the question to a higher court. That mode of elevation may be either by appeal or by a special civil action of:

Answer 26

mandamus prohibition certiorari

Question 27

exceptional circumstances that may prevent the execution of a judgment or allow the quashal of a writ of execution already issued. Examples of these grounds are:

Answer 27

(a) when the writ of execution varies the judgment; (b) when there has been a change in the situation of the parties making execution inequitable or unjust; (c) when execution is sought to be enforced against property exempt from execution; (d) when it appears that the controversy has never been submitted to the judgment of the court; (e) when the terms of the judgment are not clear enough and there remains room for interpretation thereof; (f) when it appears that the writ of execution has been improvidently issued; (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 bonus ground: - A recent case reiterates the above rule and adds that payment or satisfaction of the judgment debt also constitutes a ground for the quashal of the writ of execution already issued - ================ d. if there was a procedural error, such as a lack of proper service of summons or notice, and it is later discovered that a party did not have a fair opportunity to present its case, the court might consider quashing the writ of execution.

Question 28

execution being denied DISTINGUSH quashal of writ of execution

Answer 28

Execution Being Denied - after judgment is final & executory - trial court refuse judgment executed in cases - execution denied Quashal of writ of Execution - set aside (quashal) of writ (writ focused)

Question 29

Modes of execution of a judgment

Answer 29

1. There are two modes of executing a final and executory judgment, to wit: (a) **execution by motion** if the enforcement of the judgment is sought within five years from the date of its entry; and (b) **execution by independent action** if the five-year period has elapsed and before it is barred by the statute of limitations (Sec. 6, Rule 39)

Question 30

After the lapse of the five-year period, the judgment is no longer enforceable through a motion for a writ of execution. Instead, it is reduced to a __

Answer 30

mere right of action

Question 31

B's property was levied within the 5 years from entry of judgment but the auction sale took place after the 5 years. is the sale valid or should there be a need of revival judgment?

Answer 31

the sale is valid. the levy is the essential element and the auction sale can be after 5 years however must be within 10 years ========= "levy" refers to the act of setting apart or earmarking a property for the satisfaction of a judgment. the key point is that if the writ of execution is issued and the levy is made within five years from the entry of the judgment, the auction sale of the property can take place even after the initial five-year period. The levy is considered the essential act by which the property is set apart for satisfying the judgment, and the sale must occur within the extended 10-year period during which the judgment can be enforced.

Question 32

An action for revival of judgment is a new and independent action, different and distinct from either the recovery of property case or the reconstitution case, wherein the cause of action is the ______ and not the merits of the action upon which the judgment sought to be enforced is rendered

Answer 32

decision itself

Question 33

Being a mere right of action, the judgment sought to be revived is subject to defenses like:

Answer 33

(a) matters of jurisdiction, (b) prescription, (c) payment, or (d) other defenses arising after the finality of the first judgment. - It may even be subject to counterclaims arising out of transactions not connected with the former controversy

Question 34

knowledge check: judgment obligee is the what party?

Answer 34

prevailing party

Question 35

Section 6 - Revival of Judgment Section 34 - Revival of Judgment Differentiate

Answer 35

[Section 6] deals with the plaintiff (judgment obligee) seeking to enforce a dormant judgment. [Section 34] involves a scenario where a third party, the purchaser (who may be the defendant or another person), seeks relief due to issues with the property acquired through an execution sale. =============== [Sec. 34], the judgment has actually been executed Sec. 34 seeks to revive the judgment that was already executed [Sec. 6] where the judgment has not been executed on motion within the five-year period set by the Rules. .

Question 36

example of revival of judgment on section 34

Answer 36

In the example under Section 34, if the property bought by C is later found to be exempt from execution or if there is a rightful claimant to the property (someone who has a valid legal right to the property that was not considered during the execution sale), it means that the sale of the property should not have occurred or should not have involved that specific property. As a result, C, who purchased the property in the execution sale, may have faced legal challenges or obstacles in obtaining possession or ownership of the property. In such a situation, Section 34 allows the purchaser (C) to seek remedies. One option is for the purchaser to file a motion in the same action or a separate action to recover the price paid for the property (including interest) from the judgment obligee (the party who obtained the judgment leading to the execution sale). The purchaser may also have the option to file a motion to revive the judgment.

Question 37

insofar as revival of judgment and prescription period is concered, jurispruence estates that:

Answer 37

a new action (revival) is a separate action with its own prescriptive period =========== a proceeding by separate ordinary action to revive a judgment is a new action rather than a continuation of the old, and results in a new judgment constituting a new cause of action, upon which a new period of limitation begins to run”

Question 38

An action for revival of judgment may be filed where?

Answer 38

- same court where judgment was rendered OR - place where plaintiff OR defendant resides OR - any place designated by the statutes =============== either “in the same court where said judgment was rendered or in the place where the plaintiff or defendant resides or in any other place designated by the statutes. (Heirs of Miranda, Sr. v. Miranda

Question 39

What is the proper venue of an action for revival of judgments?

Answer 39

it depends if the current action for revival of judgment is a real or personal action [real action] - proper venue is where the real property is located [personal action] - filed where plaintiff or defendant resides ============== the proper venue depends on the determination of whether the present action for revival of judgment is a real action or a personal action x x x if the action for revival of judgment affects title to or possession of real property, or interest therein, then it is a real action that must be filed with the court of the place where the real property is located. If such action does not fall under the category of real actions, it is then a personal action that may be filed with the court of the place where the plaintiff or defendant resides

Question 40

Can the court allow execution by motion after the lapse of five years?

Answer 40

GEN: no EXC: yes, upon meritorious grounds: - delay is caused by judgment debtor and/or - delay incurred for his benefit EX: An example is when the writ could not be implemented because the land subject of the action had already been sold to another prompting the judgment obligee to file an action for annulment of title against the new registered owners

Question 41

It has been held that in computing the time limit, for enforcing a final judgment, the general rule is that:

Answer 41

- the **time when execution is stayed** either by agreement of the parties for a definite time, by injunction, or by the taking of an appeal or writ of error **shall not be included**. Thus, the time during which execution is stayed should be excluded - and the said time will be extended by any delay occasioned by the debtor as when the writ of execution cannot be enforced within the five-year period because the debtor filed petitions in the Court of Appeals and in the Supreme Court challenging the trial court’s judgment as well as the writ of execution. Such petitions suspended or interrupted the further enforcement of the writ ================= a - The general rule is that the time during which execution is stayed, whether by agreement, injunction, or appeal, should not be included in the computation of the time limit for enforcing the judgment. So, if there is an injunction or any other legal maneuver that temporarily halts the execution process, the time during that stay is not counted.

Question 42

When the five- and 10-year periods do not apply:

Answer 42

[1] a. special proceedings - land registration - cadastral cases b. judgment for support ============== a - land registration & cadastral cases wherein the right to ask for a writ of possession does not prescribe b - judgments for support which do not become dormant and which can always be executed by motion despite lapse of the five-year period because the obligation is a continuing one and the court never loses jurisdiction to enforce the same

Question 43

In special proceedings the purpose is to establish a status, condition or fact; in land registration proceedings, the ownership by a person of a parcel of land is sought to be established. After the ownership has been proved and confirmed by judicial declaration, no further proceeding to enforce said ownership is necessary, except when the adverse or losing party had been in possession of the land and the winning party desires to oust him therefrom.

Answer 43

Special Proceedings: For example, if there is a legal process to determine the status of someone as an heir in the settlement of an estate, the special proceedings aim to establish and confirm that status. Once the court confirms the person's status as an heir, the specific purpose of the special proceedings is achieved. Land Registration Proceedings: Suppose there is a piece of land whose ownership is disputed or unclear. An individual initiates land registration proceedings to seek a judicial declaration confirming their ownership of that land. Once the court confirms the ownership through the land registration process, the specific purpose of establishing ownership is achieved. =============== Furthermore,there is no provision in the Land Registration Act similar to Sec. 6, Rule 39, regarding the execution of a judgment in a civil action, except the proceedings to place the winner in possession by virtue of a writ of possession. The decision in a land registration case, unless the adverse or losing party is in possession, becomes final without any further action, upon the expiration of the period for perfecting an appea

Question 44

stay of execution of a judgment; EXC

Answer 44

As a rule, an appeal perfected in due time stays the execution of a judgment. There are, however, judgments, the execution of which is not stayed by a pending appeal. These judgments may be classified into two general categories, namely (a) Those **judgments which by express provision of the rules are immediately executory** and are not stayed by an appeal (Sec. 4, Rule 39, ) (b) Those judgments that have become the object of **discretionary execution** (Sec. 2, Rule 39, ================= xample: Suppose Party A wins a case in the trial court, and Party B, the losing party, decides to appeal the judgment. While the appeal is pending, Party A may file a motion for discretionary execution in the trial court. Party A needs to present good reasons, such as the urgency of enforcing the judgment, and after due hearing, the trial court may, in its discretion, order the execution of the judgment even before the appeal period expires.

Question 45

Judgments not stayed by appeal

Answer 45

The following judgments by express provision of the Rules are immediately executory, enforceable upon their rendition and shall not be stayed by an appeal taken therefrom: (a) judgment for injunction; (b) judgment for receivership; (c) judgment for accounting; and (d) judgment for support ===================== The rule, however, that the above judgments are immediately executory and not stayed by an appeal, is not absolute because the court is authorized to order otherwise. Also on appeal therefrom, the appellate court in its discretion may make an order, suspending, modifying, restoring or granting the injunction, receivership, accounting or award of support

Question 46

requisites for discretionary execution

Answer 46

Under Sec. 2 of Rule 39, for the trial court to allow an execution even before the expiration of the period for appeal or pending appeal, there must be compliance of the following requisites: (a) there must be a motion filed by the prevailing party with **notice** to the adverse party; (b) there must be a **hearing** of the motion for discretionary execution; (c) 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; (d) there must be **good reasons** to justify the discretionary execution; and (e) the good reasons must be stated in a **specialorder**

Question 47

A writ of execution issued without complying with the requirement of the rules is ____ thus such writ of execution pending appeal, all actions and proceedings conducted pursuant to it are _____.

Answer 47

void also void and of no legal effect -============ It is as if no writ was issued at all

Question 48

what the hail is a 'bond'

Answer 48

A bond in the context of execution or judgment refers to a financial security or guarantee provided by the party seeking the execution of a judgment. It serves as a form of protection for the opposing party in case the execution is later found to be wrongful or unjust. When a court issues a writ of execution, it allows the winning party to enforce the judgment by seizing the property of the losing party to satisfy the debt or obligation. To prevent potential harm to the losing party in case the execution is later determined to be improper, the court may require the winning party to post a bond. ================ Bond Requirement: The court may order the party seeking execution to post a bond before the execution takes place. The bond is a sum of money or other form of security. Purpose of the Bond: The bond serves as a guarantee that, if the execution is later deemed wrongful or improper, the losing party can be compensated for any damages suffered as a result of the execution. It provides a financial safeguard against potential abuse of the execution process. Amount of the Bond: The court determines the amount of the bond, and it is often based on an estimate of the potential harm or loss the losing party may suffer due to the execution. Release of the Bond: If the execution is carried out properly and there are no issues, the bond may be released. However, if there are later findings that the execution was wrongful, the bond may be used to compensate the losing party.

Question 49

what is considered as good reason in discretionary judgment when execution is pending in appeal

Answer 49

Sec. 2 of Rule 39 does not cite examples of the good reasons that would justify a discretionary execution. **What constitutes a good reason therefore, is left to the sound exercise of judicial discretion**. The following, among others, have been given by jurisprudence as good reasons: a. insolvency of debtors b. preventing irreparable injury to consumers c. goods subject of judgment will expire during pendency d. failure of unlawful detainer case to give periodic deposits ===================== a. - Insolvency refers to a financial state where an individual, company, or entity is unable to meet its financial obligations and pay its debts as they become due. In the context of the legal statement you provided, the insolvency of the debtors is mentioned as a factor that may justify discretionary execution. a. been exhausting for their personal use all the monthly installments being received by them from the sales ofthe different lots of the subdivision in question, they have not constructed therein the improvements required by law like the construction of roads, gutters and that they do not appear to have any other properties or assets to answer not only for the aforementioned obligations but more particularly the obligations imposed upon them by the decision (Lao v. Mencias, 21 SCRA 1021, 1024). (b) The purpose of preventing irreparable injury to the consumers of an electric cooperative which needs the amount of the judgment for its operations and the repair of its transmission lines, electric posts, transformers, accessories, towers, and fixtures within its coverage area c. The fact that the goods subject of the judgment will perish or deteriorate during the pendency of the appeal, a fact which would render the judgment in favor of the prevailing party ineffective d. (d) The failure in an unlawful detainer case to make the required periodic deposits to cover the amount of rentals due under the contract or for payment of the reasonable value of the use and occupation of the premises, or the failure to post a supersedeas bond may be good reasons to allow execution pending appeal

Question 50

Where to file an application for discretionary execution

Answer 50

The motion for discretionary execution shall be filed with the trial court while (a) it has jurisdiction over the case and (b) while it is in possession of either the original record or the record on appeal. After the trial court has lost jurisdiction, the motion for execution pending appeal may be filed in the appellate court (Sec. 2, Rule 39,

Question 51

Remedy where the judgment subject to discretionary execution is reversed or annulled

Answer 51

the trial court may, on motion, issue such orders of restitution or reparation of damages as equity and justice may warrant under the circumstances

Question 52

what happens to the execution in case the judgment obligee dies

Answer 52

The death of the judgment obligee will not prevent the execution of the judgment. In case the judgment obligee dies, execution may issue upon the application of his - executor, - administrator or - successor in interest

Question 53

what happens to the execution in case the judgment obliger dies

Answer 53

if the judgment be for the recovery of real or personal property, or the enforcement of a lien - executory, - administrator - successor in interest If the death occurs **after** execution is actually levied upon any of his property, the same may be sold for the satisfaction of the judgment obligation. If there be any surplus after the sale, the officer making the sale shall account to the corresponding executor or administrator

Question 54

How to execute judgments for money; summary

Answer 54

the sheriff shall follow the following steps: (a) Demand from the judgment obligor the immediate payment of the full amount stated in the judgment including the lawful fees in cash, certified check payable to the judgment obligee or any other form of payment acceptable to him (Sec. 9) (b) If the judgment obligor cannot pay all or part of the obligation in cash, certified check or other mode of payment, the officer shall levy upon the properties of the judgment obligor. The judgment obligor shall have the option to choose which property or part thereof may be levied upon. If the judgment obligor does not exercise the option, the officer shall first levy on the personal properties, if any, and then on the real properties if the personal properties are insufficient to answer for the personal judgment but the sheriff shall sell only so much of the property that is sufficient to satisfy the judgment and lawful fees (c) The officer may levy on the debts due the judgment debtor including bank deposits, financial interests, royalties, commissions and other personal property not capable of manual delivery in the possession or control of third parties. The process of effecting this form of levy is called garnishment.

Question 55

how shall garnishments be made?

Answer 55

a. serving notice upon the third person having in possession or control of the credits in favor of the judgment obligor b. the third person or garnishee shall make a written report to the court within five days from service of the notice of garnishment stating whether or not the judgment obligor has sufficient funds to satisfy the judgment. judgment obligor has sufficient funds to satisfy the judgment. If sufficient, the garnishee shall deliver the amount in cash or certified check directly to the judgment obligee within 10 working days from service of notice on said garnishee. The lawful fees shall be directly paid to the court. If the amount is insufficient, the garnishee shall make a report as to the amount he holds for the judgment obligor

Question 56

how to determine properties to be levied upon by the sheriff?

Answer 56

- properties of the obliger/debtor - not exempt from execution

Question 57

Execution of a judgment for the performance of a specific act

Answer 57

1. If the judgment requires a person to perform a specific act, said act must be performed but if the party fails to comply within the specified time, the court may direct the act to be done by someone at the cost of the disobedient party and the act when so done shall have the effect as if done by the party 2. If the judgment directs a conveyance of real or personal property, and said property is in the Philippines, the court in lieu of directing the 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 =========== [2] order to divest - Instead of relying on the parties to carry out the conveyance, the court can issue an order to divest the title. "Divesting" means taking away or stripping a person's title or ownership rights.

Question 58

Execution for a judgment for the delivery or restitution of real property

Answer 58

1. - ejectment case > officer demand obligor to vacate w/in 3 **working** days - give defn notice of writ of execution =========================== 1. An example of this kind ofjudgment is one rendered in an action for ejectment. In such a case, the officer shall demand from the judgment obligor to vacate peaceably within three working days, and restore possession of the property to the judgment obligee The enforcement of the writ of execution in ejectment cases is carried out by giving the defendant notice of such writ, and making a demand that defendant comply therewithwithin a reasonable period, normally from three to five davs. and it is only after such period that the sheriffis to enforce the writ by the bodily removal of the defendant and his belongings. Note 2. After the lapse of the period given and the judgment obligor refuses to vacate, then the sheriff may enforce the writ by ousting the judgment obligor and all the persons claiming a right under him, with the assistance, if necessary, of appropriate peace officers, and employing such means as may be reasonably necessary to retake possession and place the judgment obligee in possession of such property

Question 59

when can a judgment debtor be cited in contempt ?

Answer 59

NOT before losing his property when he is unwilling but AFTER he loses his property and does things to regain ownership then he will be cited in contempt ================ The writ of possession was not directed to the judgment debtor but to the sheriff who was directed to deliver the property to the prevailing party What the officer should do is to dispossess him of the property and if after the dispossession, the judgment debtor should execute acts of ownership or possession or in any manner disturb the possession of the judgment creditor, then and only then may he be punished for contempt

Question 60

judgment insofar as Removal of improvements on the property subject of execution is concerned

Answer 60

- motion for special order - after hearing - after obligor fails to remove on time ========== These acts may only be done by the officer upon a special order by the court which will be issued upon motion by the judgment obligee and after hearing and only after the judgment obligor fails to remove them within a reasonable time fixed by the court

Question 61

property exempt from execution

Answer 61

(a) The judgment obligor’s family home as provided by law, or the homestead in which he resides, and t he land necessarily used in connection therewith; (b) Ordinary tools and implements personally used by him in his trade, employment, or livelihood; (c) 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; (d) His necessary clothing and articles for ordinary personal use, excluding jewelry; (e) 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 a value not exceeding one hundred thousand pesos; Bar 1981 (0 Provisions for individual or family use sufficient for four months; (g) The professional libraries and equipment of judges, lawyers, physicians, pharmacists, dentists, engineers, surveyors, clergymen, teachers, and other professionals, not exceeding three hundred thousand pesos in value; (h) One fishing boat and accessories not exceeding the total value of one hundred thousand pesos owned by a fisherman and by the lawful use of which he earns his livelihood; (i) So much of the salaries, wages, or earnings of the judgment obligor for his p ersonal services within the four (4) months preceding the levy as are necessary for the support of his family; (j) Lettered gravestones; (k) Monies, benefits, privileges, or annuities accruing or in any manner growing out of any life insurance; (l) The right to receive legal support, or money or property obtained as such support, or any pension or gratuity from the government; and (m) Properties specially exempted by law (Sec. 13, Rule 39, Rules of Court).

Question 62

It is not sufficient that the person claiming exemption merely alleges that such property is a family home. This claim for exemption must be set up and proved to the Sheriff. Failure to do so would

Answer 62

estop the party from later claiming the exception

Question 63

insofar as When the exempted property mentioned is not exempt from execution?

Answer 63

if property is subject of a - judgment for **recovery** of the price - judgment of **foreclosure** of a mortgage ============ If the property mentioned in Sec. 13 of Rule 39 is the subject of execution because of a judgment for the recovery of the price or upon a judgment of foreclosure of a mortgage upon the property, the property is not exempt from execution

Question 64

Proceedings when property levied upon is claimed by third persons; terceria Sometimes, it happens that the sheriff levies upon the property of one who was not a party to the action. What remedy is available to such person?

Answer 64

[1] person not party execute an - **affidavit of title** or - **right of possession over property** *stating grounds of such right* - affidavit served to **officer & judgment obligee** OR [2] vindicating property in a separate action *Availment of the terceria is not a condition sine qua non to the institution of a “separate action.”* ==================== a person, not a party to the action, claiming a property levied upon may execute an affidavit of his title or right of possession over the property. Such affidavit must state the grounds of such right or title. The affidavit shall be served upon the officer making a levy and a copy thereof must also be served upon the judgment obligee (Sec. 16, Rule 39, Rules ofCourt). This remedy of the claiming party is also called “terceria. ” ```````````EXAMPLE``````````````` Third-Party Claimant: A third person, not involved in the original lawsuit but claiming ownership or a right to the property that has been levied upon in execution proceedings, files an affidavit asserting their claim. Judgment Obligee (Creditor): The party in whose favor the judgment was rendered (judgment obligee or creditor) has the option to retain possession of the levied property despite the third-party claim. Requirement for a Bond: To retain possession, the judgment obligee must file a bond approved by the court. This bond serves as a form of security and indemnification for the claiming third person. It ensures that if the third-party claim is later found to be valid, the claiming third person can be compensated for any loss or damage resulting from the retention of the property. Bond Amount: The value of the bond filed by the judgment obligee must be sufficient to indemnify the claiming third person and is typically not less than the estimated value of the levied property. Time Limit for Claim: The claiming third person has a limited period (usually 120 days) to file a legal action seeking damages if they believe they have suffered harm or loss due to the levy.

Question 65

In resolving the motion of the third party, the court does not and cannot pass upon the question of the title to the property with any character of finality. It can treat the matter only insofar as may be necessary to decide if the sheriff has acted correctly or not.

Answer 65

nonted

Question 66

_____---is required before the property levied upon is sold on execution

Answer 66

notice of sale

Question 67

A levy upon real property is made by the officer by performing two specific acts:

Answer 67

[A] officer files with the Register of Deeds - copy of order - description of the attached property - ntoce of attachment [B] - give occupant of property the same =============== (a) filing with the Register of Deeds a copy of the order, description of the attached property and notice of attachment; and (b) leaving with the occupant of the property copy of the same order, description and notice. Non-compliance with any of these reqisites is fatal because a special statutory provision respecting the manner of carrying out levy of attachment must be strictly complied with and departure therefrom shall invalidate the levyy

Question 68

"The judgment obligee may bid and if said party is the purchaser and there is no third party claim, he need not pay the amount of the bid if it does not exceed the amount of his judgment. Ifit does, he shall only pay the excess" explained

Answer 68

In simpler terms, if the judgment obligee bids an amount equal to or less than the judgment, the judgment is considered satisfied by the acquisition of the property. If the bid is more than the judgment, the judgment obligee pays the excess amount.

Question 69

1. Upon a sale of real property, the officer must give to the purchaser a ______-. Such certificate must be registered in the__________- of the place where the property is situated

Answer 69

certificate of sale registry of deeds

Question 70

The real property sold may be redeemed from the purchaser, at any time within ________- from the __________________________________________________________. Ifthere are other creditors having a hen on the property, the property so redeemed may again be redeemed within __________ from the last redemption. The property may again, and as often as a redemptioner is so disposed, be redeemed from any previous redemptioner within 60 days after the last redemption

Answer 70

one yera date of the registration ofthe certificate ofsale 60 days

Question 71

Effect if no redemption is made

Answer 71

- purchaser entitled to conveyance of possession - purchaser shall be substituted to and acquire all rights of obligor. If the original owner or any redemptioner fails to redeem the property within one year from the date of the registration of the certificate of sale, the purchaser (the person who bought the property) is entitled to a conveyance and possession of the property. Upon the expiration of the right of redemption, the purchaser or redemptioner shall be substituted to and acquire all the rights, title, interest and claim of the judgment obligor to the property as of the time of the levy

Question 72

Redemption, but No Further Redemption within 60 Days:

Answer 72

If the property is redeemed, but no other redemption occurs within 60 days from the last redemption, and no notice of further redemption is given, the last redemptioner (the person who made the latest redemption) is entitled to the conveyance and possession of the property. Upon the expiration of the right of redemption, the purchaser or redemptioner shall be substituted to and acquire all the rights, title, interest and claim of the judgment obligor to the property as of the time of the levy

Question 73

insofar as rents Rents, income and earnings of the property pending the redemption are concerned with the purchaser pending redemption

Answer 73

- pending redemption, earnings to obligor not purchaser The purchaser or redemptioner shall NOT be entitled to receive the rents, earnings and income of the property sold on execution, or the value of the use and occupation thereof when such property is in the possession of a tenant. All rents, earnings and income derived from the property pending redemption shall belong to the judgment obligor until the expiration of his period of redemption

Question 74

Remedy when the judgment is unsatisfied

Answer 74

When the return of the writ of execution shows that the judgment is unsatisfied, the judgment obligee is entitled to an order from the court which rendered the judgment, requiring the judgment obligor to appear and be examined concerning his property and income before the court or a commissioner appointed by the court. This remedy has a limitation because the judgment obligor cannot be required to appear before a court or commissioner outside the province or city in which such obligor resides or is found

Question 75

what is the effect of judgments or final orders?

Answer 75

a. conclusive upon the **title to the thing, the will or administration or condition,** status or relationship of the person b. **conclusive between parties and their successors in interest** c. continuation of b ====================== Effect of judgments or final orders. — The effect of a judgment or final order rendered by a court of the Philippines, having jurisdiction to pronounce the judgment or final order, may be as follows: (a) In case of a judgment or final order against a specific thing, or in respect to the probate of a will, or the administration of the estate of a deceased person, or in respect to the personal, political, or legal condition or status of a particular person or his relationship to another, 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, however, 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; (b) 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; and (c) 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. (49a)