R. POST-JUDGMENT REMEDIES

Question 1

Remedies before finality of judgment

Answer 1

R.A.N. (Reconsideration, Appeal, New Trial)

1. Motion for new trial (Rule 37)
2. Motion for reconsideration (Rule 37)
3. Appeal (40-45)

Question 2

A motion for new trial (Rule 37) is directed against? It is also prohibited in which cases?

Answer 2

A judgment or final order

It is prohibited in cases covered by the Rule on Summary Procedure (Sec. 19) and those under Rules of Procedure on Small Claims Cases (Sec. 16)

Question 3

Grounds for a motion for new trial (Rule 37)

Answer 3

1. Fraud, accident, mistake, or excusable negligence (FAME)
2. Newly discovered evidence
3. Fraud, accident, mistake or excusable negligence (FAME)
   (a) Ordinary prudence could not have guarded against, and
   (b) By reason of which such aggrieved party has probably been impaired in his rights.
4. Newly discovered evidence
   (a) It was discovered after the trial, or
   (b) It could not have been discovered and produced at the trial even with the exercise of reasonable diligence; and
   (c) The evidence is of such weight that if admitted, would probably alter the result of the action; and
   (d) It must be material and not merely collateral, cumulative, or corroborative. (Sec. 1, Rule 37)

Question 4

Grounds for a motion for reconsideration (Sec. 1, Rule 37)

Answer 4

1. Damages awarded are excessive
2. That the evidence is insufficient to justify the decision or final order
3. That the decision or final order is contrary to law

Question 5

Can there be a second motion for new trial or reconsideration? On what grounds? (Sec. 5, Rule 37)

Answer 5

YES for MNT, NO for MR

A 2nd MNT may be allowed if based on a ground not existing or available when the 1st MNT was made. (Sec. 5, Rule 37)

Question 6

Effect of granting a motion for new trial or reconsideration

Answer 6

[FOR MNT] The original judgment or final order shall be vacated, and the action shall stand for trial de novo; but the recorded evidence shall be used in the new trial without retaking the same. (Sec. 6, Rule 37)

[FOR MR] The court may amend the judgment or final order accordingly if the ground relied upon prevails. The court may amend the judgment or final order accordingly if the ground relied upon prevails.
(Sec. 3, Rule 37)

Question 7

When to File; Form of an MNT or MR

Answer 7

Within the period for taking an appeal (Sec. 1, Rule 37)

Contents
The motion shall be:
a. Made in writing,
b. Stating the ground or grounds therefor, and
c. A written notice of which shall be served by the movant on the adverse party

An MNT shall be proved in the manner provided for proof of motions.

a. A motion based on FAME - supported by AFFIDAVITS OF MERITSwhich may be rebutted by affidavits.
b. A motion based on newly-discovered evidence - supported by AFFIDAVITS OF THE WITNESSES by whom such evidence is expected to be given, or by duly authenticated documents which are proposed to be introduced in evidence.

When MNT based on FAME not accompanied by affidavit of merits
General rule:DENIED

Exceptions:
1. The court has NO JURISDICTION over the defendant/ subject matter, so the judgment is null and void
2. The JUDGMENT is DEFECTIVE as where a judgment by default was rendered even before the reglementary period to answer had expired.
3. The defendant was DEPRIVED OF HIS DAY IN COURT as when no notice of hearing was furnished him
[1 Regalado 435, 2010 Ed.]

A MR shall point out specifically the findings or conclusions of the judgment or final order which are not supported by the evidence or which are contrary to law, making express reference to the testimonial or documentary evidence or to the provisions of law alleged to be contrary to such findings or conclusions.

Question 8

Denial of the motion; effect

Answer 8

An order denying a MNT or MR is NOT APPEALABLE.

Question 9

Grant of the motion; effect

Answer 9

Grant of MNT:
The original judgment or final order shall be VACATED, and the action shall stand for TRIAL DE NOVO.

Note: The recorded evidence taken upon the former trial, insofar as the same is material and competent to establish the issues, shall be used at the new trial without retaking the same. [Sec. 6, Rule 37]

Grant of MR:
The court may AMEND such judgment or final order. [Sec. 3, Rule 37]

Partial grant of new trial or reconsideration:
If the grounds for a motion under this Rule appear to the court to affect:
1. The issues as to only a part, or
2. Less than all of the matter in controversy, or
3. Only one, or less than all, of the parties to it,
the court may order a new trial or grant reconsideration as to such issues IF SEVERABLE without interfering with the judgment or final order upon the rest. [Sec. 7, Rule 37]

Partial new trial; effect
When less than all of the issues are ordered retried, the court may either
1. Enter a judgment or final order as to the rest, or
2. Stay the enforcement of such judgment or final order until after the new trial.
[Sec. 8, Rule 37]

Question 10

Remedy when motion is denied

Answer 10

The remedy is an appeal from the judgment or final order. [Sec 9, Rule 37]

Note: The order denying the motion may itself be assailed by a petition for certiorari under Rule 65. [1 Regalado 437, 2010 Ed.]

Question 11

Fresh 15-day period rule

Answer 11

The SC has allowed a fresh period of 15 days within which to file the notice of appeal in the RTC, counted FROM RECEIPT of the order dismissing a MNT/MR.
The fresh period of 15 days becomes significant only when a party opts to file a motion for new trial or motion for reconsideration. [Neypes v. CA, G.R. No. 141524 (2005)]

Question 12

3-day notice rule

Answer 12

NO LONGER APPLICABLE

Note that the rule requiring the notice to be given to the adverse party at least 3 days prior to the hearing day (3-day notice rule) AND the rule requiring the hearing to be set not later than 10 days from the filing of the motion was REMOVED by the 2019 Amendments.

Question 13

Pro-forma motion for reconsideration

Answer 13

1. Based on the same ground raised in a preceding MNT/MR already denied;
2. Contains the same arguments and manner of discussion in the prior opposition to a motion to dismiss which was granted;
3. The new ground alleged in the 2nd MNT was available and could have been alleged in the first MNT which was denied;
4. Based on the ground of insufficiency of evidence/that the judgment is contrary to law, but does not specify the supposed defects in judgment; or
5. Based on FAME but does not specify the facts constituting these grounds and/or is not accompanied by an affidavit of merits. [1 Regalado 193, 2010 Ed.
   NOTE: Single-motion rule [Sec. 5, Rule 37]

Question 14

Is appeal a constitutional right?

Answer 14

NO

It is a statutory privilege and of statutory origin and is available only if granted or if so provided by statute. [Yu vs Samson-Tatad, 642 SCRA 421 (2011)]

Question 15

Correct choice of appeal

Answer 15

As a rule, the perfection of an appeal in the manner and within the period prescribed by law is not only mandatory, but jurisdictional. A failure to comply with the rules of appeal will render the judgment final and executory. [Landbank of the Philippines vs CA, G.R. No. 221636 (2016)]

Question 16

Change of theory in appeal

Answer 16

Points of law, theories, issues and arguments not adequately brought to the attention of the trial court ordinarily will not be considered by a reviewing court as they cannot be raised for the first time on appeal because this would be offensive to the basic rules of fair play, justice and due process. (People v. Mamaril, G.R. No. 171980, 2010)

Question 17

Vicarious appeals

Answer 17

A party’s appeal from a judgment will not inure to the benefit of a co-party who failed to appeal; and as against the latter, the judgment will continue to run its course until it becomes final and executory. To this general rule, however, one exception stands out: where both parties have a commonality of interests, the appeal of one is deemed to be the vicarious appeal of the other. [RNB Garments Philippines, Inc. v. Ramrol Multi-Purpose Cooperative, G.R. Nos. 236331 & 236332]

Question 18

What are subject to appeal?

Answer 18

An appeal may be taken from a judgment or final order that completely disposes of the case, or of a particular matter therein when declared by the ROC to be appealable [Sec. 1, Rule 41]

Question 19

Examples of matters not appealable

Answer 19

1. An order denying a petition for relief or any similar motion seeking relief from judgment;
2. An interlocutory order;
3. An order disallowing or dismissing an appeal;
4. An order denying a motion to set aside a judgment by consent, confession or compromise on the ground of fraud, mistake or duress, or any other ground vitiating consent;
5. An order of execution;
6. A judgment or final order for or against one or more of several parties or in separate claims, counterclaims, cross-claims and third-party complaints, while the main case is pending, unless the court allows an appeal therefrom; and
7. An order dismissing an action without prejudice. [Sec. 1, Rule 41, as amended by A.M. No. 07-7-12-SC]

Question 20

Remedy Against Judgments and Orders Which Are Not Appealable

Answer 20

In those instances where the judgment or final order is not appealable, the aggrieved party may file the appropriate special civil action under Rule 65. [Sec. 1, Rule 41]

Question 21

Ordinary appeal (R41, S2 (a)

Answer 21

Notice of appeal:

• Appeals to the CA from judgments of the RTC in its ORIGINAL jurisdiction
• File with court which rendered the judgment and serve upon the adverse party

Record on appeal:

• Generally NOT required
• Exceptions: special proceedings, other cases of multiple/separate appeals when the law requires
• Filed and served in like manner

Question 22

Petition for review (R41, S2 (b)

Answer 22

Appeals to the CA from cases decided by the RTC in its APPELLATE jurisdiction

In accordance with Rule 42

Question 23

Appeal by certiorari (R41, S2 (c)

Answer 23

All cases where questions of law are raised or involved

In accordance with Rule 45

Question 24

Issues to be raised on appeal

Answer 24

Issues that have not been raised before the lower courts CANNOT be raised on the first time on appeal. [Spouses Erorita vs Spouses Dumlao, G.R. No. 195477 (2016)]

Question 25

Period of appeal

Answer 25

he fresh period rule shall apply to (R40, S2; R41, S3; R42, S1; R43, S4; R45, S2):
Rule 40 governing appeals from the MTCs to the RTCs
Rule 41 governing appeals from the RTCs to CA
Rule 42 on petitions for review from the RTCs to the CA
Rule 43 on appeals from quasi-judicial agencies to the CA, and
Rule 45 governing appeals by certiorari to the SC
Note: The fresh period rule gives the appellant a fresh 15-day period within which to make his appeal from the order denying the MNT, MR, or any final order or resolution.

Question 26

Perfection of Appeal

Answer 26

If by notice of appeal:
Appeal is deemed perfected as to the party appealing upon the filing of the notice of appeal and full payment of appeal fees in due time.

If by record on appeal:
Appeal is deemed perfected as to the party appealing upon the approval of the record on appeal filed in due time. (Sec. 4, Rule 40; Sec. 9, Rule 41)

Rule 42:
The appeal is deemed perfected as to the petitioner upon timely filing of a petition for review and payment of the corresponding docket and lawful fees. (Sec. 8)

Question 27

Effect of perfection/failure to perfect an appeal

Answer 27

Effect of perfection of appeal:
The RTC loses jurisdiction over the case upon perfection of the appeals filed in due time and the expiration of the appeal filed in due time and the expiration of the time to appeal of the other parties. (Rule 42, Sec. 8)

Effect of failure to perfect appeal

a. Defeats a party’s right to appeal, and
b. Precludes appellate court from acquiring jurisdiction .[1 Riano 20, 2011 Ed.]

Question 28

Appeal from judgments or final orders of the MTC (Rule 40)

Answer 28

Where taken:
To the RTC exercising jurisdiction over the area to which the former pertains. [Sec. 1, Rule 40]

When taken

• Within 15 days after notice to the appellant of the judgment or final order appealed from.
• Where a record on appeal is required, the appellant shall file a notice of appeal and a record on appeal within 30 days after notice of the judgment or final order.
• The period of appeal shall be interrupted by a timely motion for new trial or reconsideration. No motion for extension of time to file a motion for new trial or reconsideration shall be allowed. [Sec. 2, Rule 40]

Extension of period to appeal
- Period to appeal may be extended but such extension is addressed to the sound discretion of the court. [Socco v. Garcia, G.R. No. L-18231 (1962)]

Question 29

When is a record on appeal required?

Answer 29

1. Special proceedings

2. In such other cases of multiple or separate appeals [Sec. 2, Rule 41]

Question 30

Appeal from judgments or final orders of the RTC (Rule 41): Approval of the record on appeal

Answer 30

Upon the filing of the record on appeal for approval and if no objection is filed by the appellee within 5 days from receipt of a copy thereof, the trial court may:

1. Approve it as presented or upon its own motion, OR
2. At the instance of the appellee, may direct its amendment by the inclusion of any omitted matters which are deemed essential to the determination of the issue of law or fact involved in the appeal.

If the trial court orders the amendment of the record, the appellant, within the time limited in the order, or such extension thereof as may be granted, or if no time is fixed by the order within 10 days from receipt thereof, shall:

1. Redraft the record by including therein, in their proper chronological sequence, such additional matters as the court may have directed him to incorporate, and
2. Submit the redrafted record for approval, upon notice to the appellee, in like manner as the original draft.[Sec. 7, Rule 41]

Question 31

Appeal from judgments or final orders of the RTC (Rule 41): Joint record on appeal

Answer 31

Where both parties are appellants, they may file a joint record on appeal within 30 days from notice of judgment or final order, or that fixed by the court. [Secs. 3 and 8, Rule 41]

Question 32

Appeal from judgments or final orders of the RTC (Rule 41): Dismissal of appeal

Answer 32

Prior to the transmittal of the original record or the record on appeal to the appellate court, the trial court may motu proprio or on motion dismiss the appeal for:

1. Having been taken out of time, or
2. Non-payment of the docket and other lawful fees within the reglementary period. [Sec. 13, Rule 41]

Question 33

Petition for review from decision of RTC in the exercise of its appellate jurisdiction (Rule 42): Petition for review from the RTC to the CA

Answer 33

Appeal via Rule 42 is proper when one appeals from a decision of the RTC in the exercise of its appellate jurisdiction. It may be taken on either questions of fact, questions of law, or on mixed questions of fact and law. [Macawiwili Gold Mining and Development Co., Inc. v. CA, G.R. No. 115104 (1998)]

This mode of appeal is not a matter of right but is a matter of discretion on the part of the CA, on whether or not to entertain the appeal [1 Regalado 581, 2010 Ed.]

Question 34

Appeal from judgments or final orders of the CA (Rule 45 certiorari)

Answer 34

Any alleged errors committed in the exercise of its jurisdiction will amount to nothing more than errors of judgment which are reviewable by timely appeal and not by special civil action of certiorari. [Chuidian v. Sandiganbayan (Fifth Division), G.R. No. 139941 (2001)]

Question 35

Main difference between certiorari under Rule 45 and certiorari under Rule 65

Answer 35

Rule 45: Brings up for review, errors of judgment committed by the court. The petition shall raise only questions of law. [Sec. 1, Rule 45]

Rule 65 (SCA): Writ of certiorari issues for the correction of errors of jurisdiction only or grave abuse of discretion amounting to lack or excess of jurisdiction. [Silverio v. CA, G.R.No. L-39861 (1986)]

Question 36

Period of appeal and extension of period for Rule 45 certiorari

Answer 36

Period of appeal
Within 15 days from notice of the
1. Judgment or final order or resolution appealed from, or
2. Denial of the petitioner’s MNT or MR filed in due time after notice of the judgment.
[Sec. 2, Rule 45]

Extension of period
On motion duly filed and served, with full payment of the docket and other lawful fees and the deposit for costs before the expiration of the reglementary period, the SC may for justifiable reasons grant an extension of 30 days only within which to file the petition. [Sec. 2, Rule 45]

Question 37

Grounds for denial of petition

Answer 37

The SC may dismiss the petition on motion or motu proprio upon showing:

a. Failure of petitioner to comply with
1. Payment of docket or other lawful fees
2. Deposit for costs
3. Proof of Service; and
4. Contents of and documents which would accompany the petition

b. Appeal is without merit
c. It is prosecuted manifestly for delay
d. That the questions raised are so unsubstantial as to require consideration. [Sec. 5, Rule 45]

Question 38

Is a review a statutory right?

Answer 38

NO. A review is not a matter of right, but of sound judicial discretion, and will be granted only when there are special and important reasons therefore.

The following are examples that may be considered by the court:
1. When the court a quo has decided a question of substance, not theretofore determined by the SC, or has decided it in a way probably not in accord with law or with the applicable decisions of the SC, OR
2. When the court a quo has so far departed from the accepted and usual course of judicial proceedings, or so far sanctioned such departure by a lower court, as to call for an exercise of the power of supervision
[Sec. 6, Rule 45]

Question 39

Appeal from judgments/final orders of the CTA (Rule 35)

Answer 39

The CTA is no longer a quasi-judicial agency under R.A. 9282, as of April 7, 2004. The CTA is no longer covered by Rule 43.
A party adversely affected by a decision or ruling of the CTA en banc may file with the SC a verified petition for review on certiorari under Rule 45. [Sec. 11, R.A. 9282 and A.M. No. 07-7-12-SC]

Question 40

Review of final judgments/orders of the COA (Rule 64)

Answer 40

A judgment or final order or resolution of the Commission on Audit (COA) may be brought by the aggrieved party to the SC on certiorari under Rule 65, except as hereinafter provided. [Sec. 2, Rule 64]

Question 41

Review of final judgments/orders of the COMELEC (Rule 64)

Answer 41

A judgment or final order or resolution of the Commission on Audit (COA) may be brought by the aggrieved party to the SC on certiorari under Rule 65, except as hereinafter provided. [Sec. 2, Rule 64]

Question 42

Rule 43 governs the review of judgments/final orders of which court/s?

Answer 42

Quasi-judicial agencies

Quasi-judicial agencies covered by Rule 43:
1. Civil Service Commission
2. Central Board of Assessment Appeals
3. Securities and Exchange Commission
4. Office of the President
5. Land Registration Authority
6. Social Security Commission
7. Civil Aeronautics Board
8. Bureau of Patents
9. Trademarks and Technology Transfer
10. National Electrification Administration
11. Energy Regulatory Board
12. National Telecommunications Commission
13. Department of Agrarian Reform under RA 6657
GSIS
14. Employees Compensation Commission
15. Agricultural Inventions Board
16. Insurance Commission
17. Philippine Atomic Energy Commission
18. Board of Investment
19. Construction Industry Arbitration Commission, and
20. Voluntary arbitrators authorized by law

Question 43

Exceptions to Rule 65 as special mode of appeal

Answer 43

However, there are exceptions to the aforementioned rule, namely: “(a) when public welfare and the advancement of public policy dictate; (b) when the broader interests of justice so require; (c) when the writs issued are null; and (d) when the questioned order amounts to an oppressive exercise of judicial authority.”

Question 44

Review of final judgments/orders of the Ombudsman (Rule 43): Unappealable Decisions

Answer 44

Unappealable decisions
The following decisions are unappealable:
1. In administrative cases where respondent is absolved of the charge
2. In case of conviction, where penalty imposed is public censure or reprimand, or suspension of not more than one month or a fine equivalent to one month salary [Sec. 7, Rule III, Admin Order No. 7]

Question 45

Jurisdiction of the CA and the SC over final judgments/orders of the Ombdusman

Answer 45

Note: The CA has jurisdiction over orders, directives and decisions of the Office of the Ombudsman in administrative disciplinary cases only. It cannot review the orders, directives or decisions of the Office of the Ombudsman in criminal or non-administrative cases [Duyon v. The Former Special Fourth Division of the Court Of Appeals, G.R. No. 172218 (2014)]

Decisions of the Ombudsman in criminal cases are unappealable. However, where the findings of the Ombudsman on the existence of probable cause (in criminal cases) are tainted with grave abuse of discretion amounting to lack or excess of jurisdiction, the aggrieved party may file before the SC a petition for certiorari under Rule 65. [Duyon v. The Former Special Fourth Division of the Court Of Appeals, G.R. No. 172218 (2014)]

Question 46

Review of final judgments/orders of the NLRC

Answer 46

Appeal from quasi-judicial agencies under Rule 43 does not apply to judgments or final orders issued under the Labor Code. [Sec. 2, Rule 43]
The remedy of a party aggrieved by the decision of the NLRC is to file a MR and, if denied, file a special civil action for certiorari under Rule 65 within 60 days from notice of the decision. In observance of the doctrine of hierarchy of courts, this should be filed with the CA. [St. Martin Funeral Homes v. NLRC, G.R. No. 130866 (1998)]
From the CA, the remedy of the aggrieved party is a petition for review by certiorari to the SC [Dongon v. Rapid Movers and Forwarders, G.R. No. 163431 (2013)]

Question 47

Grounds for petition for relief (Rule 38)

Answer 47

F.A.M.E.
Fraud, mistake, accident, or excusable negligence attending:
1. A final judgment
2. A final order
3. Any other proceeding
4. A prevention of the other party from taking an appeal (Rule 38, Secs. 1 &2)

Question 48

When is a petition for relief allowed?

Answer 48

It is allowed only in exceptional cases when there is no other available or adequate remedy.

Question 49

Time to file a petition for relief and contents of petition (Rule 38)

Answer 49

Within 60 days after the petitioner learns of the judgment, final order, or other proceeding, and no later than six (6) months after such was entered.

The petition must be accompanied by affidavits alleging FAME and the facts. constituting the cause of action.

Question 50

Procedure when the court sets aside a denial of the appeal (Rule 38)

Answer 50

The lower court shall give due course to the petition and elevate the record of the appealed case as if a timely appeal had been filed

Question 51

Importance of reglementary period for a petition for relief

Answer 51

As an equitable remedy, strict compliance with the applicable reglementary periods for its filing must be satisfactorily shown because a petition for relief from judgment is a final act of liberality on the part of the State, which remedy cannot be allowed to erode any further the fundamental principle that a judgment, order, or proceeding must, at some definite time, attain finality in order to put an end to litigation. As such, it is incumbent upon the petitioner to show that the petition was filed within its reglementary periods, otherwise, the petition may be dismissed outright.

These two periods must concur. Further, these periods could not be extended and could never be interrupted.

Question 52

Requirements of filing a petition for relief

Answer 52

1. It must be verified;
2. Filed within 60 days after the petitioner learns of the judgment, final order, or other proceeding to be set aside, and not more than six months after such judgment or final order was entered, or such proceeding was taken;
3. Must be accompanied with affidavits showing the fraud, accident, mistake, or excusable negligence relied upon; and,
4. State the facts constituting the petitioner’s good and substantial cause of action or defense, as the case may be.

Question 53

Remedy when the petition for relief of judgment is denied?

Answer 53

Rule 65 certiorari

Question 54

Grounds of annulment of judgments or final orders/resolutions (Rule 47)

Answer 54

Extrinsic fraud and lack of jurisdiction

Extrinsic fraud shall NOT be a valid ground if it was availed or could have been availed of in a motion for new trial and a petition for relief (Rule 47, Section 2)

Question 55

Period of and venue of filing action for annulment of judgments or final orders/resolutions (Rule 47)

Answer 55

If extrinsic fraud: within four (4) years from discovery
If lack of jurisdiction: before it is barred by laches or estoppel (Sec. 3)

Venue: CA

Question 56

Effect of judgment of annulment (Rule 47)

Answer 56

Sets aside the questioned judgment or final order/resolution and renders it null and void without prejudice to the original action being refiled in the proper court

If set aside due to extrinsic fraud, the court may order a motion for new trial in the lower court

Question 57

Where to file an annulment of judgment/final order of the MTC

Answer 57

With the RTC that has jurisdiction (Rule 47, Sec. 10)

Question 58

Are collateral attacks on void judgments possible?

Answer 58

YES. Void judgments may also be collaterally attacked. A collateral attack is done through an action which asks for a relief other than the declaration of the nullity of the judgment but requires such a determination if the issues raised are to be definitively settled (Imperial v. Armes).

Question 59

Difference between finality of judgment for purposes of appeal; for purposes of execution

Answer 59

A losing party has the right to file an appeal within the prescribed period while the winning party has the right to enjoy the finality of judgment by execution and satisfaction of the judgment.

The prevailing party is entitled to a writ of execution which is the ministerial duty of the court.

Question 60

Execution as a matter of right

Answer 60

Section 1. Execution upon judgments or final orders. — Execution shall issue as a matter of right, or motion, upon a judgment or order that disposes of the action or proceeding upon the expiration of the period to appeal therefrom if no appeal has been duly perfected. (1a)

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 the adverse party.

The appellate court may, on motion in the same case, when the interest of justice so requires, direct the court of origin to issue the writ of execution. (n)

Question 61

Discretionary execution

Answer 61

(a) Execution of a judgment or final order pending appeal. — On motion of the prevailing party with notice to the adverse party 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, as the case may be, at the time of the filing of such motion, said court may, in its discretion, order execution of a judgment or final order even before the expiration of the period to appeal.

After the trial court has lost jurisdiction the motion for execution pending appeal may be filed in the appellate court.

Discretionary execution may only issue upon good reasons to be stated in a special order after due hearing.

(b) Execution of several, separate or partial judgments. — A several, separate or partial judgment may be executed under the same terms and conditions as execution of a judgment or final order pending appeal.

Question 62

Judgments that are executory and not stayed on appeal

Answer 62

Section 4. Judgments not stayed by appeal. — Judgments in actions for injunction, receivership, accounting and support, and such other judgments as are now or may hereafter be declared to be immediately executory, shall be enforceable after their rendition and shall not, be stayed by an appeal taken therefrom, unless otherwise ordered by the trial court. 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.

The stay of execution shall be upon such terms as to bond or otherwise as may be considered proper for the security or protection of the rights of the adverse party.

Question 63

Execution in case of death of a party

Answer 63

7. Execution in case of death of party. — In case of the death of a party, execution may issue or be enforced in the following manner:
   (a) In case of the death of the judgment obligee, upon the application of his executor or administrator, or successor in interest;
   (b) In case of the death of the judgment obligor, against his executor or administrator or successor in interest, if the judgment be for the recovery of real or personal property, or the enforcement of a lien thereon;
   (c) In case of the death of the judgment obligor, after execution is actually levied upon any of his property, the same may be sold for the satisfaction of the judgment obligation, and the officer making the sale shall account to the corresponding executor or administrator for any surplus in his hands

Question 64

Execution by motion or independent action

Answer 64

Section 6. Execution by motion or by independent action. — A final and executory judgment or order may be executed ON MOTION within five (5) years from the date of its entry.

AFTER the lapse of such time, and before it is barred by the statute of limitations, a judgment may be enforced BY ACTION. The revived judgment may also be enforced by motion within five (5) years from the date of its entry and thereafter by action before it is barred by the statute of limitations. (6a)

Question 65

Issuance and contents of a writ of execution

Answer 65

Section 8. Issuance, form and contents of a writ of execution. — The writ of execution shall: (1) issue in the name of the Republic of the Philippines from the court which granted the motion; (2) state the name of the court, the case number and title, the dispositive part of the subject judgment or order; and (3) require the sheriff or other proper officer to whom it is directed to enforce the writ according to its terms, in the manner hereinafter provided:

(a) If the execution be against the property of the judgment obligor, to satisfy the judgment, with interest, out of the real or personal property of such judgment obligor;
(b) If it be against real or personal property in the hands of personal representatives, heirs, devisees, legatees, tenants, or trustees of the judgment obligor, to satisfy the judgment, with interest, out of such property;
(c) If it be for the sale of real or personal property to sell such property describing it, and apply the proceeds in conformity with the judgment, 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 judgment out of the personal property of the person against whom it was rendered, and if sufficient personal property cannot be found, then out of the real property; and
(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 judgment. For this purpose, the motion for execution shall specify the amounts of the foregoing reliefs sought by the movant.

Question 66

Execution of judgments for money

Answer 66

a) Immediate payment on demand. — The officer shall enforce an execution of a judgment for money by demanding from the judgment obligor the immediate payment of the full amount stated in the writ of execution and all lawful fees. The judgment obligor shall pay in cash, certified bank check payable to the judgment obligee, or any other form of payment acceptable to the latter, the amount of the judgment debt under proper receipt directly to the judgment obligee or his authorized representative if present at the time of payment. The lawful fees shall be handed under proper receipt to the executing sheriff who shall turn over the said amount within the same day to the clerk of court of the court that issued the writ.

If the judgment obligee or his authorized representative is not present to receive payment, the judgment obligor shall deliver the aforesaid payment to the executing sheriff. The latter shall turn over all the amounts coming into his possession within the same day to the clerk of court of the court that issued the writ, or if the same is not practicable, deposit said amounts to a fiduciary account in the nearest government depository bank of the Regional Trial Court of the locality.

The clerk of said court shall thereafter arrange for the remittance of the deposit to the account of the court that issued the writ whose clerk of court shall then deliver said payment to the judgment obligee in satisfaction of the judgment. The excess, if any, shall be delivered to the judgment obligor while the lawful fees shall be retained by the clerk of court for disposition as provided by law. In no case shall the executing sheriff demand that any payment by check be made payable to him.

(b) Satisfaction by levy. — If the judgment obligor cannot pay all or part of the obligation in cash, certified bank check or other mode of payment acceptable to the judgment obligee, the officer shall levy upon the properties of the judgment obligor of every kind and nature whatsoever which may be disposed, of for value and not otherwise exempt from execution giving the latter the option to immediately choose which property or part thereof may be levied upon, sufficient to satisfy the judgment. 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 judgment.

The sheriff shall sell only a sufficient portion of the personal or real property of the judgment obligor which has been levied upon.

When there is more property of the judgment obligor than is sufficient to satisfy the judgment and lawful fees, he must sell only so much of the personal or real property as is sufficient to satisfy the judgment and lawful fees.

Real property, stocks, shares, debts, credits, and other personal property, or any interest in either real or personal property, may be levied upon in like manner and with like effect as under a writ of attachment.

(c) Garnishment of debts and credits. — The officer may levy on 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 of third parties. Levy shall be made by serving notice upon the person owing such debts or having in his possession or control 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.

The garnishee shall make a written report to the court within five (5) days from service of the notice of garnishment stating whether or not the judgment obligor has sufficient funds or credits to satisfy the amount of the judgment. If not, the report shall state how much funds or credits the garnishee holds for the judgment obligor. The garnished amount in cash, or certified bank check issued in the name of the judgment obligee, shall be delivered directly to the judgment obligee within ten (10) working days from service of notice on said garnishee requiring such delivery, except the lawful fees which shall be paid directly to the court.

In the event there are two or more garnishees holding deposits or credits sufficient to satisfy the judgment, the judgment obligor, if available, shall have the right to indicate the garnishee or garnishees who shall be required to deliver the amount due, otherwise, the choice shall be made by the judgment obligee.

The executing sheriff shall observe the same procedure under paragraph (a) with respect to delivery of payment to the judgment obligee. (8a, 15a)

Question 67

Execution of judgments for specific acts

Answer 67

(a) Conveyance, delivery of deeds, or other specific acts; vesting title. — If a judgment directs a party to execute a conveyance of land or personal property, or to deliver deeds or 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. (10a)
(b) Sale of real or personal property. — 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. (8[c]a)
(c) Delivery or restitution of real property. — The officer shall demand of the person against whom the judgment for the delivery or restitution of real property is rendered and all persons claiming rights under him to peaceably vacate the property within three (3) working days, and restore possession thereof to the judgment obligee, otherwise, the officer shall oust all such persons therefrom 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. Any costs, damages, rents or profits awarded by the judgment shall be satisfied in the same manner as a judgment for money. (13a)
(d) Removal of improvements on property subject of execution. — When the property subject of the execution contains improvements constructed or planted by the judgment obligor or his agent, the officer shall not destroy, demolish or remove said improvements except upon special order of the court, issued upon motion of the judgment obligee after the hearing and after the former has failed to remove the same within a reasonable time fixed by the court. (14a)
(e) Delivery of personal property. — In judgment for the delivery of personal property, the officer shall take possession of the same and forthwith deliver it to the party entitled thereto and satisfy any judgment for money as therein provided. (8a)

Question 68

Execution of special judgments

Answer 68

Section 11. Execution of special judgments. — When a judgment requires the performance of any act other than those mentioned in the two preceding sections, a certified copy of the judgment shall be attached to the writ of execution and shall be served by the officer upon the party against whom the same is rendered, or upon any other person required thereby, or by law, to obey the same, and such party or person may be punished for contempt if he disobeys such judgment. (9a)

Question 69

Effect of levy on third persons

Answer 69

Section 12. Effect of levy on execution as to third person. — The levy on execution shall create a lien in favor of the judgment obligee over the right, title and interest of the judgment obligor in such property at the time of the levy, subject to liens and encumbrances then existing. (16a)

Question 70

Properties exempted from execution

Answer 70

Section 13. Property exempt from execution. — Except as otherwise expressly provided by law, the following property, and no other, shall be exempt from execution:

(a) The judgment obligor’s family home as provided by law, or the homestead in which he resides, and 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;
(f) 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 personal services within the four 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;
(m) 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 thereon.

Question 71

Sheriff’s return on the writ

Answer 71

Section 14. Return of writ of execution. — The writ of execution shall be returnable to the court issuing it 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 his receipt of the writ, the officer shall report to the court and state the reason therefor. Such writ shall continue in effect during the period within which the judgment may be enforced by motion. The officer shall make a report to the court every thirty (30) days on the proceedings taken thereon until the judgment is satisfied in full, or its effectivity expires. The returns or periodic reports shall set forth the whole of the proceedings taken, and shall be filed with the court and copies thereof promptly furnished the parties.

Question 72

Procedure in execution sale

Answer 72

Section 15. Notice of sale of property on execution. — Before the sale of property on execution, notice thereof must be given as follows:

(a) In case of perishable property, by posting written notice of the time and place of the sale in three (3) public places, preferably in conspicuous areas of the municipal or city hall, post office and public market in the municipality or city where the sale is to take place, for such time as may be reasonable, considering the character and condition of the property;
(b) In case of other personal property, by posting a similar notice in the three (3) public places above-mentioned for not less than five (5) days;
(c) In case of real property, by posting for twenty (20) days in the three (3) public places abovementioned a similar notice particularly describing the property and stating where the property is to be sold, and if the assessed value of the property exceeds fifty thousand (P50,000.00) pesos, by publishing a copy of the notice once a week for two (2) consecutive weeks in one 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;
(d) In all cases, written notice of the sale shall be given to the judgment obligor, at least three (3) days before the sale, except as provided in paragraph (a) hereof where notice shall be given the same manner as personal service of pleadings and other papers as provided by section 6 of Rule 13.

The notice shall specify the place, date and exact time of the sale which should not be earlier than nine o’clock in the morning and not later than two o’clock in the afternoon. The place of the sale may be agreed upon by the parties. In the absence of such agreement, the sale of the property or personal property not capable of manual delivery shall be held in the office of the clerk of court of the Regional Trial Court or the Municipal Trial Court which issued the writ of or which was designated by the appellate court. In the case of personal property capable of manual delivery, the sale shall be held in the place where the property is located.

Question 73

Proceedings when property is claimed by third persons

Answer 73

Section 16. Proceedings where property claimed by third person. — If the property levied on is claimed by any person other than the judgment obligor or his agent, and such person makes an affidavit of his title thereto or right to the possession thereof, stating the grounds of such right or title, and serves the same upon the officer making the levy and copy thereof, stating the grounds of such right or tittle, and a serves the same upon the officer making the levy and a copy thereof upon the judgment obligee, the officer shall not be bound to keep the property, unless such judgment obligee, on demand of the officer, files a bond approved by the court to indemnity the third-party claimant in a sum not less than the value of the property levied on. In case of disagreement as to such value, the same shall be determined by the court issuing the writ of execution. No claim for damages for the taking or keeping of the property may be enforced against the bond unless the action therefor is filed within one hundred twenty (120) days from the date of the filing of the bond.

The officer shall not be liable for damages for the taking or keeping of the property, to any third-party claimant if such bond is filed. Nothing herein contained shall prevent such claimant or any third person from vindicating his claim to the property in a separate action, or prevent the judgment obligee from claiming damages in the same or a separate action against a third-party claimant who filed a frivolous or plainly spurious claim.

When the writ of execution is issued in favor of the Republic of the Philippines, or any officer duly representing it, the filing of such bond shall not be required, and in case the sheriff or levying officer is sued for damages as a result of the levy, he shall be represented by the Solicitor General and if held liable therefor, the actual damages adjudged by the court shall be paid by the National Treasurer out of such funds as may be appropriated for the purpose. (17a)

Question 74

Remedies when judgment is unsatisfied

Answer 74

Section 36. Examination of judgment obligor when judgment unsatisfied. — When the return of a writ of execution issued against property of a judgment obligor, or any one of several obligors in the same judgment, shows that the judgment remains unsatisfied, in whole or in part, the judgment obligee, at any time after such return is made, shall be entitled to an order from the court which rendered the said judgment, requiring such judgment obligor to appear and be examined concerning his property and income before such court or before a commissioner appointed by it at a specified time and place; and proceedings may thereupon be had for the application of the property and income of the judgment obligor towards the satisfaction of the judgment. But no judgment obligor shall be so required to appear before a court or commissioner outside the province or city in which such obligor resides or is found. (38a)