Rem Execution Effects of Judgment R39

Question 1

summarize the rule for section 1 -29

Answer 1

RULE 39 of the Philippines Rules of Court governs the execution, satisfaction, and effect of judgments. Here are the key points summarized for each section:

1. Execution upon judgments or final orders:
   
   • Execution is granted as a matter of right upon a judgment or order disposing of the action if no appeal has been made or after appeal resolution.
   • If the appellate court so orders, the court of origin may issue the writ of execution.
2. Discretionary execution:
   
   • Execution pending appeal may be granted at the trial court’s discretion with good reasons stated in a special order.
   • Several, separate, or partial judgments may be executed similarly to judgments pending appeal.
3. Stay of discretionary execution:
   
   • Stay may be granted upon approval of a sufficient supersedeas bond filed by the party against whom execution is directed.
4. Judgments not stayed by appeal:
   
   • Certain judgments, such as those for injunction, receivership, etc., are enforceable after rendition and not stayed by appeal unless ordered by the trial court.
5. Effect of reversal of executed judgment:
   
   • Upon reversal, restitution or reparation may be ordered by the trial court based on equity and justice.
6. Execution by motion or by independent action:
   
   • Final judgments may be executed within five years by motion or by action before the statute of limitations bars enforcement.
7. Execution in case of death of party:
   
   • Execution may be issued or enforced differently upon the death of the judgment obligee or obligor, with procedures involving executors/administrators or successors in interest.
8. Issuance, form, and contents of a writ of execution:
   
   • Specifies the content and form of a writ of execution regarding the court’s name, case details, and instructions for the enforcement of the judgment.
9. Execution of judgments for money, how enforced:
   
   • Outlines procedures for enforcing judgments for money, including immediate payment, satisfaction by levy, and garnishment of debts and credits.
10. Execution of judgments for specific act:
    
    • Details procedures for executing judgments requiring specific acts, such as conveyance of property, delivery of possession, removal of improvements, etc.
11. Execution of special judgments:
    
    • Covers the execution of judgments requiring acts other than those previously mentioned.
12. Effect of levy on execution as to third persons:
    
    • Discusses the creation of liens in favor of the judgment obligee over the property of the judgment obligor and exemptions to such liens.
13. Property exempt from execution:
    
    • Lists properties exempt from execution unless otherwise provided by law.
14. Return of writ of execution:
    
    • Describes the procedures for returning the writ of execution to the court after satisfaction or providing periodic reports if the judgment cannot be satisfied within 30 days.
15. Notice of sale of property on execution:
    
    • Specifies requirements for giving notice of the sale of property on execution, depending on the type of property.
16. Proceedings where property claimed by third person:
    
    • Outlines procedures when property sold by execution is claimed by a third person.
17. Penalty for selling without notice, or removing or defacing notice:
    
    • Imposes penalties for selling property without proper notice or removing/defacing sale notices.
18. No sale if judgment and costs paid:
    
    • Allows the judgment obligor to prevent the sale by paying the required amount before the sale.
19. How property sold on execution; who may direct manner and order of sale:
    
    • Specifies the manner and order of sale of property under execution and who may direct the sale.
20. Refusal of purchaser to pay:
    
    • Addresses procedures if a purchaser refuses to pay after a sale under execution.
21. Judgment obligee as purchaser:
    
    • Discusses the obligations of the judgment obligee if they are the purchaser at a sale under execution.
22. Adjournment of sale:
    
    • Allows for the adjournment of a sale under certain conditions.
23. Conveyance to purchaser of personal property capable of manual delivery:
    
    • Outlines procedures for conveying personal property to the purchaser at a sale.
24. Conveyance to purchaser of personal property not capable of manual delivery:
    
    • Describes procedures for conveying personal property not capable of manual delivery to the purchaser.
25. Conveyance of real property; certificate thereof given to purchaser and filed with registry of deeds:
    
    • Details procedures for conveying real property to the purchaser and filing the certificate of sale.
26. Certificate of sale where property claimed by third person:
    
    • Specifies requirements for issuing a certificate of sale when property sold is claimed by a third person.
27. Who may redeem real property so sold:
    
    • Lists persons who may redeem real property sold under execution.
28. Time and manner of, and amounts payable on, successive redemptions; notice to be given and filed:
    
    • Describes the time, manner, and amounts payable for successive redemptions of real property.
29. Effect of redemption by judgment obligor, and a certificate to be delivered and recorded thereupon; to whom payments on redemption made:
    
    • Discusses the effects of redemption by the judgment obligor and the procedures for recording redemption.

Question 2

summarize the rule for sections 30 onwards

Answer 2

Here are the key points summarized for each section:

1. Section 30: Proof required of redemptioner
   
   • A redemptioner must provide proof of redemption to the officer or person from whom redemption is sought.
   • Proof includes a certified copy of the judgment or final order, a memorandum of mortgage or lien, necessary assignments, and an affidavit showing the amount due.
2. Section 31: Manner of using premises pending redemption; waste restrained
   
   • The court may restrain waste on the property by injunction until the redemption period expires.
   • During the redemption period, the current possessor can continue using the property as before, conduct ordinary husbandry, or make necessary repairs.
3. Section 32: Rents, earnings, and income of property pending redemption
   
   • The purchaser or redemptioner cannot receive rents, earnings, or income from the property while it’s under redemption.
   • All such proceeds belong to the judgment obligor until the redemption period expires.
4. Section 33: Deed and possession to be given at the expiration of the redemption period; by whom executed or given
   
   • If no redemption is made within one year from the date of sale, the purchaser is entitled to the property.
   • The deed is executed by the selling officer or successor in office.
   • Upon redemption, the purchaser or last redemptioner acquires the property rights.
5. Section 34: Recovery of price if sale not effective; revival of judgment
   
   • If the purchaser fails to recover the property due to irregularities, they can recover the price paid or revive the judgment.
   • Revived judgment has the same force as the original.
6. Section 35: Right to contribution or reimbursement
   
   • Parties can compel contribution if the sale satisfies more than the due proportion.
   • Sureties can compel repayment from the principal.
7. Section 36: Examination of judgment obligor when judgment unsatisfied
   
   • The judgment obligee can order the judgment obligor to appear and be examined concerning their property and income for satisfaction of the judgment.
8. Section 37: Examination of obligor of judgment obligor
   
   • When a judgment remains unsatisfied, the court can order examination of persons or entities indebted to the judgment obligor.
9. Section 38: Enforcement of attendance and conduct of examination
   
   • Parties can be compelled to attend and testify.
   • Examinations must be conducted under oath.
10. Section 39: Obligor may pay execution against obligee
    
    • Debtors can pay the sheriff holding the execution to satisfy the judgment.

These sections primarily focus on the procedures and actions related to the execution, redemption, and satisfaction of judgments.

Question 3

1. When can execution be applied for as a matter of right?
   a) Upon judgment or order expiration
   b) After the appeal period expires
   c) Upon appellate court’s order
   d) Upon judgment entry

Answer 3

Answer: a) Upon judgment or order expiration

Question 4

2. What motion is required for discretionary execution?
   a) Appeal motion
   b) Separate motion
   c) Special motion
   d) Execution motion

Answer 4

Answer: b) Separate motion

Question 5

3. What action may be taken to stay discretionary execution?
   a) Filing an appeal
   b) Posting a bond
   c) Requesting a court order
   d) Issuing a stay order

Answer 5

Answer: b) Posting a bond

Question 6

4. Which judgments are not stayed by appeal?
   a) Injunction and receivership
   b) Accounting and support
   c) Only support judgments
   d) All types of judgments

Answer 6

Answer: d) All types of judgments

Question 7

5. What actions may be taken to enforce a judgment after five years?
   a) Motion only
   b) Action only
   c) Both motion and action
   d) Appeal

Answer 7

Answer: c) Both motion and action

Question 8

6. How long can execution be enforced by motion after entry?
   a) 5 years
   b) 10 years
   c) 15 years
   d) 20 years

Answer 8

Answer: a) 5 years

Question 9

7. In case of the death of a party, how may execution be issued?
   a) By any interested party
   b) By the executor or administrator
   c) By the judgment obligee only
   d) By the court automatically

Answer 9

Answer: b) By the executor or administrator

Question 10

8. What should the writ of execution specifically state?
   a) The court’s jurisdiction
   b) The judgment obligation
   c) The amount of interest and costs
   d) The name of the sheriff

Answer 10

Answer: c) The amount of interest and costs

Question 11

9. How should execution of a judgment for money be enforced?
   a) Through direct payment only
   b) By levy on property only
   c) Both direct payment and levy
   d) By garnishment of wages only

Answer 11

Answer: c) Both direct payment and levy

Question 12

10. Which property is exempt from execution?
    a) Jewelry
    b) Professional equipment
    c) Ordinary tools
    d) Land necessarily used

Answer 12

Answer: b) Professional equipment

Question 13

1. What is the main requirement for the issuance of execution as a matter of right according to Rule 39, Section 1?
   a) Filing a motion with the appellate court
   b) Perfecting an appeal within the prescribed period
   c) Notifying the adverse party
   d) Submitting certified true copies of the judgment to the court

Answer 13

Answer: b) Perfecting an appeal within the prescribed period

Question 14

2. Under Rule 39, Section 2(a), when can execution of a judgment pending appeal be ordered?
   a) When the judgment obligee requests it after the trial court has lost jurisdiction
   b) Upon motion of the prevailing party with notice to the adverse party
   c) After the appellate court has issued a directive to the trial court
   d) If the judgment obligor consents to it in writing

Answer 14

Answer: b) Upon motion of the prevailing party with notice to the adverse party

Question 15

3. Which type of execution may be stayed upon approval of a supersedeas bond according to Rule 39, Section 3?
   a) Discretionary execution
   b) Immediate payment on demand
   c) Execution of special judgments
   d) Execution of judgments for money

Answer 15

Answer: a) Discretionary execution

Question 16

4. According to Rule 39, Section 4, which types of judgments are immediately enforceable after their rendition?
   a) Judgments for money only
   b) Judgments for injunction and receivership only
   c) Judgments for accounting and support only
   d) Judgments for injunction, receivership, accounting, and support

Answer 16

Answer: d) Judgments for injunction, receivership, accounting, and support

Question 17

5. What action can the trial court take if an executed judgment is reversed or annulled on appeal, according to Rule 39, Section 5?
   a) It can issue a new judgment immediately
   b) It can order restitution or reparation of damages
   c) It can dismiss the case without prejudice
   d) It can impose sanctions on the parties involved

Answer 17

Answer: b) It can order restitution or reparation of damages

Question 18

6. How long can a final and executory judgment be enforced by motion according to Rule 39, Section 6?
   a) 3 years
   b) 5 years
   c) 7 years
   d) 10 years

Answer 18

Answer: b) 5 years

Question 19

7. In case of the death of the judgment obligee, who may apply for execution of the judgment according to Rule 39, Section 7(a)?
   a) The judgment obligor
   b) The judgment obligee’s executor or administrator
   c) The judgment obligee’s successor in interest
   d) The court of origin

Answer 19

Answer: b) The judgment obligee’s executor or administrator

Question 20

8. What must the writ of execution specify according to Rule 39, Section 8(e)?
   a) The parties’ contact information
   b) The court’s mailing address
   c) The judgment amount and interest
   d) The judge’s signature

Answer 20

Answer: c) The judgment amount and interest

Question 21

9. Under Rule 39, Section 9(a), how should an execution of a judgment for money be enforced?
   a) By demanding payment from the judgment obligor’s family
   b) By garnishing the judgment obligor’s wages
   c) By immediate payment on demand from the judgment obligor
   d) By selling the judgment obligor’s real property

Answer 21

Answer: c) By immediate payment on demand from the judgment obligor

Question 22

10. What action should the officer take if the judgment obligor cannot pay the judgment debt in cash according to Rule 39, Section 9(b)?
    a) Levy upon the judgment obligor’s properties
    b) Offer an installment payment plan
    c) Release the judgment obligor from the debt
    d) File for bankruptcy on behalf of the judgment obligor

Answer 22

Answer: a) Levy upon the judgment obligor’s properties

Question 23

11. According to Rule 39, Section 10(a), what action may the court take if a party fails to comply with a judgment directing a specific act?
    a) Dismiss the case
    b) Fine the party for non-compliance
    c) Appoint another person to perform the act at the disobedient party’s cost
    d) Modify the judgment to remove the specific act requirement

Answer 23

Answer: c) Appoint another person to perform the act at the disobedient party’s cost

Question 24

12. When must the officer demand the judgment obligor to vacate the property under Rule 39, Section 10(c)?
    a) Within one day of receiving the writ of execution
    b) Within three working days after the sale of the property
    c) Within ten working days of the judgment’s entry
    d) Within thirty days of the judgment’s entry

Answer 24

Answer: b) Within three working days after the sale of the property

Question 25

Under Rule 39, Section 11, how should a judgment requiring the performance of a specific act be attached to the writ of execution?
a) It should be emailed to the officer conducting the execution
b) It should be published in a local newspaper
c) It should be written verbatim on the writ of execution
d) It should be attached as an exhibit to the writ of execution

Answer 25

Answer: d) It should be attached as an exhibit to the writ of execution

Question 26

According to Rule 39, Section 12, when can a judgment be executed against property of the judgment obligor not within the Philippines?

a) Only if the judgment obligor has assets in the Philippines
b) Only if the judgment obligee consents to foreign execution
c) Only if the judgment is a foreign judgment
d) Only if the foreign country reciprocates enforcement of Philippine judgments

Answer 26

Answer: d) Only if the foreign country reciprocates enforcement of Philippine judgments

Question 27

What must the judgment creditor do to enforce a judgment against a foreign state or its instrumentality according to Rule 39, Section 13?
a) Obtain the foreign state’s consent
b) Submit the judgment to the United Nations
c) File a petition with the International Court of Justice
d) Secure a certification from the Department of Foreign Affairs

Answer 27

Answer: a) Obtain the foreign state’s consent

Question 28

1. According to Rule 39, what is the primary purpose of execution of judgments?
   a) To provide immediate relief to the prevailing party
   b) To ensure compliance with the court’s orders
   c) To penalize the judgment obligor for non-compliance
   d) To expedite the appellate process

Answer 28

Answer: b) To ensure compliance with the court’s orders

Question 29

2. In which situations can execution of a judgment pending appeal be granted?
   a) Only if the judgment obligee requests it
   b) Only upon motion of the prevailing party
   c) Only if the appellate court directs it
   d) Only if the judgment obligor consents to it

Answer 29

Answer: b) Only upon motion of the prevailing party

Question 30

3. How long does a final and executory judgment remain enforceable by motion?
   a) 3 years
   b) 5 years
   c) 7 years
   d) 10 years

Answer 30

Answer: b) 5 years

Question 31

4. What action can be taken if a judgment requiring the performance of a specific act is not obeyed?
   a) The case is dismissed without prejudice
   b) The disobedient party is fined for non-compliance
   c) Another person may be appointed to perform the act
   d) The judgment is automatically overturned

Answer 31

Answer: c) Another person may be appointed to perform the act

Question 32

5. Under what circumstances can a judgment be executed against the property of the judgment obligor not within the Philippines?
   a) Only if the judgment obligee consents to foreign execution
   b) Only if the foreign country reciprocates enforcement of Philippine judgments
   c) Only if the judgment is a foreign judgment
   d) Only if the judgment obligor has assets in the Philippines

Answer 32

Answer: b) Only if the foreign country reciprocates enforcement of Philippine judgments