Rule 39: Execution, Satisfaction and Effect of Judgments

Rule 39:
Execution, Satisfaction
and Effect of
Judgments
JUDGMENT
JUDGMENT
APPEALED
ENTRY OF
JUDGMENT
FROM
APPELLATE
COURT
ENTRY OF
JUDGMENT
EXECUTION BY
THE SHERIFF
ENTRY OF THE
SATISFACTION
OF JUDGMENT
After Judgment
General rule: Final judgments execution before the period
for appeal has lapsed is not a matter of right.
Except:
1. On motion
2. Upon judgment or order that disposes of the action or
proceeding.
3. Upon expiration of appeal and no appeal was perfected
4. When appeal was perfected, by filing a motion with the court of
origin together with true copies of the judgment and order sought
to be enforced.
Final and Executory Judgments

1. Forcible entry and detainer
2. Injunction, receivership, accounting and support.
3. Award, Judgment or final order of quasi-judicial
agencies.
General rule: the trial court has a ministerial duty to
execute final and executory judgments.
Exceptions
1. Change in the situation of parties that would render execution
unjust or inequitable.
2. Writ of execution varies judgment
3. Controversy has never been submitted to the judgment of the
court.
4. Property sought for execution is exempted.
5. Unclear terms of judgment
6. Writ of execution defective or judgment debtor has been paid.
Pending Appeal
Judgment may be executed, Provided:
1. Upon motion of prevailing party and with notice to
the adverse party.
2. There are good reasons for issuing execution.
3. The reasons are stated in a special order.
*Execution may be stayed by the filing of a
Supersedeas bond.
Final and executory judgments

May be executed when:
1. There is a motion for such purpose within 5 years from entry.
2. By filing another action within 10 years from entry.
Except: Judgment for support, Special proceedings
These periods are suspended by:
The court
Agreement of the parties
Judgment creditor instituting supplementary proceedings
Delays caused by the judgment obligor
Death of a party after judgment

Death of Obligee execution will issue in any case upon request
of his/her executor, administrator, or successor in interest.
Death of Obligor
Before levy: 1. Action for recovery of real or personal property
or any lien
will issue
2. Action for recovery of a sum of money will not issue.
Obligee
should file a claim against the estate of the
deceased obligor.
After Levy: Execution will issue because the property has
already been set
aside.
Execution of judgment for

specific acts
Specific acts:
1. Conveyance, delivery of deeds, or other acts vesting title.
2. Sale of Real or personal property
3. Delivery or restitution of real property.
4. Delivery of personal property.
5. Removal of improvements on property subject of execution.
Failure to comply with the

specific acts required.
1. Failure to vacate the property Sheriff will oust the party.
2. Failure to deliver property or title Sheriff will take possession
of such and deliver it to the
winning party.
3. Failure to comply with the judgment court will appoint some
other person
at the expense of the
non-compliant
party and the act shall
have the same
effect as if the required
party
performed it.
Special Judgment
- Executed when an act can only be performed by the judgment
obligor himself. Failure to comply results to a charge of
contempt.
- It requires the performance of any other act than payment of
money, or the sale or delivery of real or personal property.
Properties exempt from

execution
1. Family home, homestead or land necessarily used for such
purpose.
2. Ordinary tools and implements used in trade, employment or
livelihood.
3. Three beasts of burden necessarily used in ordinary occupation
4. Necessary clothing and articles for ordinary use except jewelry
5. Household furniture and utensils necessary for housekeeping.
6. Provisions for individual or family use sufficient for 4 months.
7. Professional libraries and equipment

8. One fishing boar and accessories which value less than
100 thousand used for livelihood.
9. Salaries, wages, or earnings as are necessary for support
of family within 4 months preceding levy.
10. Lettered gravestones.
11. Monies, benefits, privileges, or annuities accruing out of
any life insurance.
12. Properties specially exempt from execution
Return of writ of execution

Writ is returnable to the court after
judgment is satisfied
Within 30 days after receipt and every 30
days until judgment is satisfied the sheriff
shall report to the court.
The writ lasts for 5 years from entry of
judgment.
Notice of sale of property on

execution
Personal Property
Real Property
Perishable property Considering the

character and condition of the property,
notice must be posted in 3 public places.
Other personal property notice
must be posted in 3 public places for not
less than 5 days.
If value is less than or equal to 50,000

php, notice must be posted in 3 public
places for 20 days.
If value is more than 50,000 php,
same requirement plus publication once a
week for two consecutive weeks.
In any case, notice of shall shall be given to the judgment obligor

Want of notice of sale generally does not invalidate the sale except if there is
bad faith or collusion.
Absence of notice will entitle the obligor to the payment of damages against the
creditor and sheriff who will share the liability solidarily.
Procedure for when there is a 3rd

party claim.
Definition A claim by any person other than
the judgment creditor on the property levied.
When any time while the sheriff has
possession of the property or before the
property has been sold under execution
How Through an affidavit served to the
sheriff and judgment obligor.
Penalty for selling without

notice, or removing or defacing
notice.
Persons liable 1. officer who sells without
complying with
the notice
requirement.
2. Any person willfully
removing or defacing
notice posted.
Penalty 5,000 php to each person injured and
actual
damages.
How sale of property under

execution must be made.
1. At a public auction
2. To the highest bidder
3. At the exact time provided in the notice.
Persons prohibited from buying

1. The judge who issued the writ of execution over the
same property.
2. Officer conducting the sale or his deputy
Reason: Conflict of interest.
Sale in mass
General rule: Sale in mass is valid.
Exception: 1. When it appears that larger price would
have been
realized if property is sold in
parcels.
2. A sale less than whole would be sufficient
to satisfy the
debt.
Inadequacy of price
General rule: Not material if there is a right of
redemption
Exception: When the inadequacy is shocking.
If judgment obligee is the

successful bidder.
If his/her bid is less than or equal to the judgment debt
- Obligee is not required to pay the bid.
If his/her bid is more than the judgment debt.
- Obligee is required to pay the excess.
Adjournment of sale
1. If obligor and obligee agree in writing, sale may be
adjourned to any date and time agreed upon.
2. Without such agreement, sale may be adjourned
from day to day if it is necessary to do so for lack of
time.
3. Adjournment is a waiver of publication of another
notice requirement for another sale.
Conveyance to purchaser
1. Personal property capable of manual delivery
delivery after
purchase price
has been paid.
2. Personal property not capable of manual
delivery Tradicion
Symbolica.
3. Real property Delivery of certificate of sale with
subsequent
registration in the registry of
deeds.
Certificate of sale in case of 3rd

party claim.
The certificate of sale issued shall expressly
mention the existence of such third party claim.

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Rule 39:

Final and Executory Judgments

Final and executory judgments

Death of a party after judgment

Execution of judgment for

Failure to comply with the

Properties exempt from

7. Professional libraries and equipment

Return of writ of execution

Notice of sale of property on

Perishable property Considering the

If value is less than or equal to 50,000

In any case, notice of shall shall be given to the judgment obligor

Procedure for when there is a 3rd

Penalty for selling without

How sale of property under

Persons prohibited from buying

If judgment obligee is the

Certificate of sale in case of 3rd

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