U. Rule 39 (LMT) Execution Flashcards
LMT* What are the rules on the recognition and enforcement of foreign judgments in our courts?
*Whose judgments-foreign courts
*specific thing-conclusive upon the title to the thing, unless repelled by:
a. evidence of lack of jurisdiction,
b. want of due notice to the party,
c. collusion,
d. fraud, or
e. clear mistake of law or fact
B. judgment against a person- “presumptive evidence” of a right as between the parties and their successors in interest by subsequent title
-unless otherwise repelled by evidence on grounds above stated
C. judgments of foreign courts may only be enforced in the Philippines through an action validly heard in the Regional Trial Court.
D. Thus, it is actually the judgment of the Philippine court enforcing the foreign judgment that shall be executed.
L: Judgments of foreign courts are given recognition in our courts thus: In case of judgment upon a specific thing, the judgment is conclusive upon the title to the thing, unless otherwise repelled by evidence of lack of jurisdiction, want of due notice to the party, collusion, fraud, or clear mistake of law or fact (Rule 39, Sec. 48 [a], Rules of Court);
and In case of judgment against a person, the judgment is presumptive evidence of a right as between the parties and their successors in interest by subsequent title, unless otherwise repelled by evidence on grounds above stated (Rule 39, Sec. 48 [b], Rules of Court).
However, judgments of foreign courts may only be enforced in the Philippines through an action validly heard in the Regional Trial Court. Thus, it is actually the judgment of the Philippine court enforcing the foreign judgment that shall be executed.
LMT* Can a foreign arbitral award be enforced in the Philippines under those rules? Explain briefly.
*A foreign arbitral award is not a foreign judgment,
l: A: No, a foreign arbitral award cannot be enforced in the Philippines under the rules on recognition and enforcement of foreign judgments above-stated.
A foreign arbitral award is not a foreign judgment, and pursuant to the Alternative Dispute Resolution Act of 2004 (R.A. No. 9285), in relation to 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the recognition and enforcement of the foreign arbitral awards shall be in accordance with the rules of procedure to be promulgated by the Supreme Court. At present, the Supreme Court is yet to promulgate rules of procedure on the subject matter.
Section 1. Execution upon judgments or final orders.
*HOW: Execution shall issue as a matter of right, on motion,
What: upon a judgment or order that disposes of the action or proceeding
When: upon the expiration of the period to appeal therefrom if no appeal has been duly perfected.
B eVENT: duly perfected and finally resolved
-execution may forthwith be applied for in the court of origin
-How: on motion of the judgment obligee
-ACTION: 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.
C. Action on the part of the appellate ct: direct the court of origin to issue the writ of execution.
Conditions:
a. on motion in the same case,
b. when the interest of justice so requires
L: Section 1. Execution upon judgments or final orders. –
Execution shall issue as a matter of right, on 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.
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. (As amended by Cir. No. 24-94.)
Section 2. Discretionary execution.
How: On motion of the prevailing party with notice to the adverse party
Where: filed in the trial court while it has jurisdiction over the case and
Conditions: is in possession of either the original record or the record on appeal
b. After the trial court has lost jurisdiction
c. WHERE: the motion for execution pending appeal may be filed in the appellate court.
B. When Discretionary Execution filed: Discretionary execution may only issue upon good reasons to be stated in a special order after due hearing.
C. Execution of several, separate or partial judgments.
Section 2. Discretionary execution. –
(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.
lmt Section 6. Execution by motion or by independent action. – (MEMORIZE)
(MEMORIZE)
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. (MEMORIZE)
LMT*Section 29. Effect of redemption by judgment obligor, and a certificate to be delivered and recorded thereupon; to whom payments on redemption made.
If the judgment obligor redeems,
*What to do: he must make the same payments as are required to effect a redemption by a redemptioner, whereupon, Effect: no further redemption shall be allowed and he is restored to his estate.
ACTION ON PART OF REDEMPTIONEE: The person to whom the redemption payment is made must execute and deliver to him a certificate of redemption acknowledged before a notary public or other officer authorized to take acknowledgments of conveyances of real property.
ACTION ON CERTIFICATE: Such certificate must be filed and recorded in the registry of deeds of the place in which the property is situated, and the registrar of deeds must note the record thereof on the margin of the record of the certificate of sale.
PAYMENTS TO WHOM MADE: The payments mentioned in this and the last preceding sections may be made to the purchaser or redemptioner, or for him to the officer who made the sale.
L: Section 29. Effect of redemption by judgment obligor, and a certificate to be delivered and recorded thereupon; to whom payments on redemption made. –
If the judgment obligor redeems, he must make the same payments as are required to effect a redemption by a redemptioner, whereupon, no further redemption shall be allowed and he is restored to his estate. The person to whom the redemption payment is made must execute and deliver to him a certificate of redemption acknowledged before a notary public or other officer authorized to take acknowledgments of conveyances of real property. Such certificate must be filed and recorded in the registry of deeds of the place in which the property is situated, and the registrar of deeds must note the record thereof on the margin of the record of the certificate of sale. The payments mentioned in this and the last preceding sections may be made to the purchaser or redemptioner, or for him to the officer who made the sale
L* Section 47. Effect of judgments or final orders. (MEMORIZE)
(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 raised 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. (MEMORIZE)
Section 47. 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 raised 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. (MEMORIZE)
LMT*Section 48. Effect of foreign judgments or final orders. (MEMORIZE)
Section 48. Effect of foreign judgments or final orders. – The effect of a judgment or final order of a tribunal of a foreign country, having jurisdiction to render the judgment or final order is as follows:
(a) In case of a judgment or final order upon a SPECIFIC THING, the judgment or final order is conclusive upon the title to the thing; and
(b) In case of a judgment or final order AGAINST A PERSON, the judgment or final order is presumptive evidence of a right as between the parties and their successors in interest by a subsequent title.
In either case, the judgment or final order may be repelled by evidence of a want of JURISdiction, want of NOTICE to the party, COLLusion, FRraud, or clear MISTAKE of law or fact. (MEMORIZE)
Article 1144.The following actions must be brought within ten years from the time the right of action accrues:
Article 1144.The following actions must be brought within ten years from the time the right of action accrues:
(WC-Ob-Judg)
(1) Upon a written contract;
(2) Upon an obligation created by law;
(3) Upon a judgment.
