RULE 39  final order even before the

Execution, Satisfaction and Effect of Judgments expiration of the period to

appeal.
Section 1. Execution upon judgments or final
After the trial court has lost jurisdiction the
orders. —
motion for execution pending appeal may be
Execution -shall issue as a
filed in the appellate court.
matter of right,
OR
Discretionary execution - may only issue upon
motion, upon a judgment OR order that
good reasons to be stated in a special order
disposes of the action or proceeding upon the
AFTER due hearing.
expiration of the period to appeal therefrom
if no appeal has been duly perfected.
(b) Execution of several, separate or partial
judgments. —
If the appeal has been duly perfected and finally
 A several,
resolved,
 separate or
the execution may forthwith be applied
 partial judgment
for in the court of origin, on motion of the
-may be executed under the
judgment obligee, submitting therewith
same terms and conditions as execution
-certified true copies of the judgment
of a judgment or final order pending
-or judgments
appeal.
-or final order
-or orders sought to be enforced
AND of the entry thereof, with notice to the
Section 3. Stay of discretionary execution. —
adverse party.
Discretionary execution - issued under the
preceding section
The appellate court - may,
may be stayed upon approval by the
on motion in the same case,
proper court of a sufficient supersedeas bond
when the interest of justice so requires,
filed by the party against whom it is directed,
direct the court of origin to issue the writ of
conditioned upon the performance of
execution.
the judgment or order allowed to be executed
in case it shall be finally sustained in whole or in
part. The bond thus given may be proceeded
Section 2. Discretionary execution. —
against on motion with notice to the surety.
(a) Execution of a judgment or final order
pending appeal. —
Section 4.  Judgments not stayed by
On motion of the prevailing party with
appeal. — Judgments in actions for
notice to the adverse party
 injunction,
-filed in the trial court
 receivership,
while it has jurisdiction over the case
 accounting and support,
AND
 and such other judgments
is in possession of either the original record or
as are now or may hereafter be
the record on appeal,
declared to be immediately executory,
as the case may be,
SHALL be enforceable after their rendition
at the time of the filing of such motion,
AND
said court may, in its discretion,
SHALL NOT, be stayed by an appeal taken
 order execution of a judgment
therefrom, unless otherwise ordered by the
or
trial court. On appeal therefrom, the appellate Section 7. Execution in case of death of party. —
court in its discretion may make an order In case of the death of a party, execution may
 suspending, issue or be enforced in the following manner:
 modifying,
 restoring or (a) In case of the death of the judgment obligee,
 granting the injunction, upon the application of his
receivership,  executor or
accounting, or  administrator, or
award of support.  successor in interest;

The stay of execution -shall be upon such terms (b) In case of the death of the judgment obligor,
as to bond or OTHERWISE as may be considered  against his executor or administrator or
proper for the security or protection of the  successor in interest,
rights of the adverse party.  if the judgment be for the recovery of
real or personal property, or the enforcement
of a lien thereon;
Section 5. Effect of reversal of executed
judgment. — (c) In case of the death of the judgment obligor,
Where the executed judgment is reversed after execution is actually levied upon any of his
totally or partially, or annulled, on appeal or property,
otherwise, the same may be sold for the
the trial court may, on motion, issue satisfaction of the judgment obligation,
such orders of AND
 restitution or the officer making the sale shall
 reparation of damages as equity and account to the corresponding executor or
justice may warrant under the administrator for any surplus in his hands.
circumstances.

Section 8. Issuance, form and contents of a writ

Section 6. Execution by motion or by of execution. —
independent action. — The writ of execution shall:
A final and executory judgment or order (1) issue in the name of the Republic of the
-may be executed on motion within five Philippines from the court which granted the
(5) years from the date of its entry. motion;

After the lapse of such time, and before it is (2) state the name of the court,
barred by the statute of limitations, the case number and title,
-a judgment may be enforced by action. the dispositive part of the subject judgment or
order; and
The revived judgment may also be enforced by
motion within five (5) years from the date of its (3) require the sheriff or other proper officer to
entry whom it is directed to enforce the writ
AND according to its terms, in the manner
thereafter by action before it is barred by the hereinafter provided:
statute of limitations.
(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; Section 9. Execution of judgments for
money, how enforced. —
(b) If it be against real or personal
property in the hands of (a) Immediate payment on demand. —
personal representatives, The officer -shall enforce an execution of a
heirs, judgment for money by demanding from the
devisees, judgment obligor the immediate payment of
legatees, the full amount stated in the writ of execution
tenants, or and all lawful fees.
trustees of the judgment obligor, The judgment obligor -shall pay in
to satisfy the judgment, with interest,  cash,
out of such property;  certified bank check payable to the
judgment obligee, or
(c) If it be for the sale of real or personal  any other form of payment acceptable
property to sell such property describing it, and to the latter,
apply the proceeds in conformity with the the amount of the judgment debt
judgment, the material parts of which shall be under proper receipt directly to the
recited in the writ of execution; judgment obligee or his authorized
representative if present at the time of
(d) If it be for the delivery of the payment. The lawful fees shall be handed
possession of real or personal property, under proper receipt to the executing
to deliver the possession of the same, sheriff who shall turn over the said amount
describing it, within the same day to the clerk of court of
to the party entitled thereto, and the court that issued the writ.
to satisfy any costs,
damages, If the judgment obligee or his authorized
rents, or representative is not present to receive
profits covered by the judgment out of payment,
the personal property of the person the judgment obligor shall deliver the
against whom it was rendered, and if aforesaid payment to the executing sheriff. The
sufficient personal property cannot be latter shall turn over all the amounts coming
found, then out of the real property; into his possession within the same day to the
and clerk of court of the court that issued the writ,
or if the same is not practicable, deposit said
(e) In all cases, the writ of execution amounts to a fiduciary account in the nearest
shall specifically state the government depository bank of the Regional
amount of the interest, Trial Court of the locality.
costs,
damages, The clerk of said court -shall thereafter arrange
rents, or for the remittance of the deposit to the account
profits due as of the date of the issuance of the of the court that issued the writ whose clerk of
writ, aside from the principal obligation under court
the judgment. For this purpose, the motion for shall then deliver said payment to the judgment
execution shall specify the amounts of the obligee in satisfaction of the judgment. The
foregoing reliefs sought by the movant. 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 may be levied upon in like manner
sheriff demand that any payment by check be and with like effect as under a writ of
made payable to him. attachment.

(b) Satisfaction by levy. — If the judgment (c) Garnishment of debts and credits. —

obligor cannot pay all or part of the obligation The officer- may levy on debts due the
 in cash, judgment obligor and other credits, including
 certified bank check or  bank deposits,
 other mode of payment acceptable to  financial interests,
the judgment obligee,  royalties,
the officer shall levy upon the  commissions and
properties of the judgment obligor of every kind  other personal property not capable of
and nature whatsoever which may be disposed, manual delivery in the possession or
of for value and not otherwise exempt from control of third parties.
execution giving the latter the option to Levy shall be made by serving notice upon the
immediately choose which property or part person owing such debts or having in his
thereof may be levied upon, sufficient to satisfy possession or control such credits to which the
the judgment. judgment obligor is entitled. The garnishment
shall cover only such amount as will satisfy the
If the judgment obligor does not exercise the judgment and all lawful fees.
option, the officer shall first levy on the
personal properties, if any, The garnishee -shall make a written report to
AND the court within five (5) days from service of the
then on the real properties if the personal notice of garnishment stating whether or not
properties are insufficient to answer for the the judgment obligor has sufficient funds or
judgment. credits to satisfy the amount of the judgment.
If not, the report shall state how much
The sheriff -shall sell only a sufficient portion of funds or credits the garnishee holds for the
the personal or real property of the judgment judgment obligor.
obligor which has been levied upon.
The garnished amount in cash, or certified bank
When there is more property of the judgment check issued in the name of the judgment
obligor than is sufficient to satisfy the judgment obligee,
and lawful fees, SHALL be delivered directly to the
he must sell only so much of the judgment obligee within ten (10) working days
personal or real property as is sufficient to from service of notice on said garnishee
satisfy the judgment and lawful fees. requiring such delivery, except the lawful fees
which shall be paid directly to the court.
 Real property,
 stocks, In the event there are two or more garnishees
 shares, holding deposits or credits sufficient to satisfy
 debts, the judgment, the judgment obligor, if
 credits, and available, shall have the right to indicate the
 other personal property, or garnishee or garnishees who shall be required
 any interest in either real or personal to deliver the amount due, otherwise, the
property, choice shall be made by the judgment obligee.
The executing sheriff shall observe the same persons therefrom with the assistance, if
procedure under paragraph (a) with respect to necessary, of appropriate peace officers, and
delivery of payment to the judgment obligee. employing such means as may be reasonably
necessary to retake possession, and place the
judgment obligee in possession of such
Section 10. Execution of judgments for specific property.
act. —  Any costs,
 damages,
(a) Conveyance, delivery of deeds, or other  rents or
specific acts; vesting title. —  profits awarded by the judgment
If a judgment directs a party -shall be satisfied in the same manner
 to execute a conveyance of land or as a judgment for money. (13a)
personal property, or
 to deliver deeds or other documents, or (d) Removal of improvements on property
 to perform, any other specific act in subject of execution. — When the property
connection therewith, subject of the execution contains improvements
and the party fails to comply within the time constructed or planted by the judgment obligor
specified, or his agent,
the court may direct the act to be done -the officer shall not destroy, demolish
at the cost of the disobedient party by some or remove said improvements
other person appointed by the court and the EXCEPT
act when so done shall have like effect as if upon special order of the court, issued
done by the party. upon motion of the judgment obligee after the
hearing and after the former has failed to
If real or personal property is situated within remove the same within a reasonable time fixed
the Philippines, by the court. (14a)
-the court in lieu of directing a
conveyance thereof may by an order divest the (e) Delivery of personal property. — In judgment
title of any party and vest it in others, which for the delivery of personal property,
shall have the force and effect of a conveyance -the officer shall take possession of the
executed in due form of law. same and forthwith deliver it to the party
entitled thereto and satisfy any judgment for
(b) Sale of real or personal property. — If the money as therein provided.
judgment be for the sale of real or personal
property, to sell such property, describing it,
and apply the proceeds in conformity with the Section 11. Execution of special judgments. —
judgment. When a judgment requires the performance of
any act other than those mentioned in the two
(c) Delivery or restitution of real property. — preceding sections,
The officer -shall demand of the person against -a certified copy of the judgment shall
whom the judgment for the delivery or be attached to the writ of execution
restitution of real property is rendered and all AND
persons claiming rights under him to peaceably shall be served by the officer upon the
vacate the property within three (3) working party against whom the same is rendered, or
days, upon any other person required thereby, or
AND by law, to obey the same, and such party or
restore possession thereof to the judgment person may be punished for contempt if he
obligee, otherwise, the officer shall oust all such disobeys such judgment. (9a)
 clergymen, teachers, and other professionals,
Section 12. Effect of levy on execution as to not exceeding three hundred thousand pesos in
third person. — value;
The levy on execution -shall create a lien in
favor of the judgment obligee over (h) One fishing boat and accessories not
 the right, exceeding the total value of one hundred
 title and thousand pesos owned by a fisherman and by
 interest of the judgment obligor the lawful use of which he earns his livelihood;
in such property at the time of the
levy, subject to liens and encumbrances (i) So much of the salaries, wages, or
then existing. 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;
Section 13. Property exempt from execution. —
Except as otherwise expressly provided by law, (j) Lettered gravestones;
the following property, and no other, shall be
exempt from execution: (k) Monies, benefits, privileges, or
(a) The judgment obligor's family home annuities accruing or in any manner growing
as provided by law, or the homestead in which out of any life insurance;
he resides, and land necessarily used in
connection therewith; (l) The right to receive legal support, or
money or property obtained as such support, or
(b) Ordinary tools and implements any pension or gratuity from the Government;
personally used by him in his trade,
employment, or livelihood; (m) Properties specially exempted by
law.
(c) Three horses, or three cows, or three
carabaos, or other beasts of burden, such as the
judgment obligor may select necessarily used by But no article or species of property mentioned
him in his ordinary occupation; in this section shall be exempt from execution
issued upon a judgment recovered for its price
(d) His necessary clothing and articles or upon a judgment of foreclosure of a
for ordinary personal use, excluding jewelry; mortgage thereon.

(e) Household furniture and utensils Section 14. Return of writ of execution. —

necessary for housekeeping, and used for that The writ of execution
purpose by the judgment obligor and his family, - shall be returnable to the court issuing
such as the judgment obligor may select, of a it immediately after the judgment has been
value not exceeding one hundred thousand satisfied in part or in full.
pesos;
If the judgment cannot be satisfied in full within
(f) Provisions for individual or family use thirty (30) days after his receipt of the writ,
sufficient for four months; -the officer shall report to the court and
state the reason therefor. Such writ shall
(g) The professional libraries and continue in effect during the period within
equipment of judges, lawyers, physicians, which the judgment may be enforced by
pharmacists, dentists, engineers, surveyors, motion.
The officer shall make a report to the court
every thirty (30) days on the proceedings taken (d) In all cases, written notice of the sale shall
thereon until the judgment is satisfied in full, or be given to the judgment obligor,
its effectivity expires. The returns or periodic at least three (3) days before the sale,
reports shall set forth the whole of the EXCEPT
proceedings taken, as provided in paragraph (a) hereof
AND where notice shall be given the same manner as
shall be filed with the court and copies thereof personal service of pleadings and other papers
promptly furnished the parties.  as provided by section 6 of Rule 13.

The notice shall specify

 the place,
Section 15. Notice of sale of property on  date and
execution. — Before the sale of property on  exact time of the sale
execution, notice thereof must be given as which should not be earlier than
follows: nine o'clock in the morning and not later
than two o'clock in the afternoon.
(a) In case of perishable property,
by posting written notice of the time and place The place of the sale may be agreed upon
of the sale in three (3) public places, by the parties. In the absence of such
preferably in conspicuous areas of the agreement,
 municipal or city hall, the sale of the property or personal
 post office and property not capable of manual delivery
 public market in the municipality or city shall be held in the office of the clerk of
where the sale is to take place, for such court of the Regional Trial Court or the
time as may be reasonable, considering the Municipal Trial Court which issued the writ
character and condition of the property; of or which was designated by the appellate
court.
(b) In case of other personal property,
by posting a similar notice in the three (3) public In the case of personal property capable of
places above-mentioned for not less than five manual delivery,
(5) days; - the sale shall be held in the place
where the property is located.
(c) In case of real property,
by posting for twenty (20) days in the three (3)
public places abovementioned a similar notice Section 16. Proceedings where property
particularly describing the property and stating claimed by third person. — If the property
where the property is to be sold, levied on is claimed by any person other than
AND the judgment obligor or his agent,
if the assessed value of the property exceeds AND
fifty thousand (P50,000.00) pesos, such person makes an affidavit of his
by publishing a copy of the notice once title thereto or right to the possession thereof,
a week for two (2) consecutive weeks in one stating the grounds of such right or title,
newspaper selected by raffle, whether in and serves the same upon the officer making
English, Filipino, or any major regional language the levy and copy thereof,
published, edited and circulated or, in the stating the grounds of such right or tittle, and a
absence thereof, having general circulation in serves the same upon the officer making the
the province or city;
levy and a copy thereof upon the judgment - shall be liable to pay punitive damages
obligee, in the amount of five thousand (P5,000.00)
the officer shall not be bound to keep pesos to any person injured thereby,
the property, unless such judgment obligee, on in addition to his actual damages,
demand of the officer, files a bond approved by both to be recovered by motion in the same
the court to indemnity the third-party claimant action;
in a sum not less than the value of the property AND
levied on. a person willfully removing or defacing
the notice posted, if done before the sale, or
In case of disagreement as to such value, the before the satisfaction of the judgment if it be
same shall be determined by the court issuing satisfied before the sale,
the writ of execution. No claim for damages for SHALL be liable to pay five thousand (P5,000.00)
the taking or keeping of the property may be pesos to any person injured by reason thereof,
enforced against the bond unless the action in addition to his actual damages, to be
therefor is filed within one hundred twenty recovered by motion in the same action.
(120) days from the date of the filing of the
bond. Section 18. No sale if judgment and costs paid.
— At any time before the sale of property on
The officer shall not be liable for damages for execution,
the taking or keeping of the property, to any the judgment obligor may prevent the sale by
third-party claimant if such bond is filed. paying the amount required by the execution
Nothing herein contained shall prevent and the costs that have been incurred therein.
such claimant or any third person from
vindicating his claim to the property in a Section 19. How property sold on
separate action, execution; who may direct manner and order of
or sale. —
prevent the judgment obligee from claiming All sales of property under execution must be
damages in the same or a separate action made at public auction,
against a third-party claimant who filed a - to the highest bidder, to start at the
frivolous or plainly spurious claim. exact time fixed in the notice.

When the writ of execution is issued in favor of After sufficient property has been sold to satisfy
the Republic of the Philippines, the execution,
or any officer duly representing it, no more shall be sold and any excess
- the filing of such bond shall not be property or proceeds of the sale shall be
required, and in case the sheriff or levying promptly delivered to the judgment obligor or
officer is sued for damages as a result of the his authorized representative,
levy, he shall be represented by the Solicitor UNLESS otherwise directed by the judgment or
General and if held liable therefor, the actual order of the court.
damages adjudged by the court shall be paid by
the National Treasurer out of such funds as may When the sale is of real property, consisting of
be appropriated for the purpose. several known lots, they must be sold
separately;
OR,
Section 17. Penalty for selling without notice, or when a portion of such real property is claimed
removing or defacing notice. — by a third person, he may require it to be sold
An officer selling without the notice prescribed separately.
by section 15 of this Rule
When the sale is of personal property capable Section 22. Adjournment of sale. — By written
of manual delivery, consent of the judgment obligor and obligee,
-it must be sold within view of those OR
attending the same and in such parcels as are their duly authorized representatives,
likely to bring the highest price. The judgment -the officer may adjourn the sale to any
obligor, if present at the sale, may direct the date and time agreed upon by them. Without
order in which property, real or personal shall such agreement, he may adjourn the sale from
be sold, when such property consists of several day to day if it becomes necessary to do so for
known lots or parcels which can be sold to lack of time to complete the sale on the day
advantage separately. Neither the officer fixed in the notice or the day to which it was
conducting the execution sale, nor his deputies, adjourned.
can become a purchaser, nor be interested
directly or indirectly in any purchase at such Section 23. Conveyance to purchaser of
sale. personal property capable of manual delivery.
When the purchaser of any personal property,
Section 20. Refusal of purchaser to pay. — capable of manual delivery, pays the purchase
price,
If a purchaser refuses to pay the amount bid by -the officer making the sale must
him for property struck off to him at a sale deliver the property to the purchaser and, if
under execution, desired, execute and deliver to him a certificate
-the officer may again sell the property of sale.
to the highest bidder and shall not be
responsible for any loss occasioned thereby; The sale conveys to the purchaser all the rights
BUT which the judgment obligor had in such
the court may order the refusing purchaser to property as of the date of the levy on execution
pay into the court the amount of such loss, with or preliminary attachment.
costs, and may punish him for contempt if he
disobeys the order. Section 24. Conveyance to purchaser of
personal property not capable of manual
The amount of such payment shall be delivery. — When the purchaser of any personal
for the benefit of the person entitled to the property, not capable of manual delivery, pays
proceeds of the execution, the purchase price,
UNLESS -the officer making the sale must
the execution has been fully satisfied, in which execute and deliver to the purchaser a
event such proceeds shall be for the benefit of certificate of sale.
the judgment obligor. The officer may Such certificate conveys to the purchaser all the
thereafter reject any subsequent bid of such rights which the judgment obligor had in such
purchaser who refuses to pay. property as of the date of the levy on execution
or preliminary attachment.
Section 21. Judgment obligee as purchaser. —
When the purchaser is the judgment obligee,
and no third-party claim has been filed, Section 25. Conveyance of real
-he need not pay the amount of the bid property;  certificate thereof given to purchaser
if it does not exceed the amount of his and filed with registry of deeds. —
judgment. If it does, he shall pay only the Upon a sale of real property,
excess. -the officer must give to the purchaser a
certificate of sale containing:
(a) A particular description of the real property -may redeem the property from the
sold; purchaser,
at any time within one (1) year from the date of
(b) The price paid for each distinct lot or parcel; the registration of the certificate of sale,
by paying the purchaser the amount of his
(c) The whole price paid by him; purchase,
with the  per centum per month interest
(d) A statement that the right of redemption thereon in addition, up to the time of
expires one (1) year from the date of the redemption,
registration of the certificate of sale.  together with the amount of any
Such certificate must be registered in the assessments or taxes which the
registry of deeds of the place where the purchaser may have paid thereon after
property is situated. purchase, and
 interest on such last named amount at
Section 26. Certificate of sale where property the same rate;
claimed by third person. — When a property and if the purchaser be also a creditor having a
sold by virtue of a writ of execution has been prior lien to that of the redemptioner, other
claimed by a third person, than the judgment under which such purchase
-the certificate of sale to be issued by was made, the amount of such other lien, with
the sheriff pursuant to sections 23, 24 and 25 of interest.
this Rule shall make express mention of the
existence of such third-party claim. Property so redeemed may again be redeemed
within sixty (60) days after the last redemption
Section 27. Who may redeem real property so upon payment of the sum paid on the last
sold. — Real property sold as provided in the redemption,
last preceding section, with two  per centum thereon in
OR addition and the amount of any assessments or
any part thereof sold separately, taxes which the last redemptioner may have
-may be redeemed in the manner paid thereon after redemption by him,
hereinafter provided, by the following persons: with interest on such last named
amount, and in addition,
(a) The judgment obligor; or his successor in the amount of any liens held by said last
interest in the whole or any part of the redemptioner prior to his own, with interest.
property;
The property may be again, and as often as a
(b) A creditor having a lien by virtue of an redemptioner is so disposed, redeemed from
attachment, any previous redemptioner within sixty (60)
judgment or mortgage on the property sold, or days after the last redemption,
on some part thereof, subsequent to the lien on paying the sum paid on the last
under which the property was sold. Such previous redemption, with two  per
redeeming creditor is termed a redemptioner. centum thereon in addition,
AND
the amounts of any assessments or taxes which
Section 28. Time and manner of, and amounts the last previous redemptioner paid after the
payable on, successive redemptions; notice to redemption thereon, with interest thereon, and
be given and filed. — The judgment obligor, or the amount of any liens held by the last
redemptioner, redemptioner prior to his own, with interest.
 Written notice of any redemption must - must produce to the
be given to the officer who made the sale and a  officer,
duplicate filed with the registry of deeds of the  or person
place, from whom he seeks to redeem,
AND AND serve with his notice to the officer a copy
if any assessments or taxes are paid by the of the judgment or final order under which he
redemptioner or if he has or acquires any lien claims the right to redeem,
other than that upon which the redemption was certified by the clerk of the court wherein the
made, judgment or final order is entered,
notice thereof must in like manner be OR,
given to the officer and filed with the registry of if he redeems upon a mortgage or other lien,
deeds; if such notice be not filed, the property  a memorandum of the record thereof,
may be redeemed without paying such certified by the registrar of deeds, or
assessments, taxes, or liens.  an original or certified copy of any
assignment necessary to establish his
claim; and
Section 29. Effect of redemption by judgment  an affidavit executed by him or his
obligor, and a certificate to be delivered and agent, showing the amount then
recorded thereupon; to whom payments on actually due on the lien.
redemption made. —
Section 31. Manner of using premises pending
If the judgment obligor redeems he must make redemption; waste restrained. —
the same payments as are required to effect a
redemption by a redemptioner, whereupon, no Until the expiration of the time allowed for
further redemption shall be allowed and he is redemption,
restored to his estate. -the court may, as in other proper
cases, restrain the commission of waste on the
The person to whom the redemption payment property by injunction, on the application of the
is made purchaser or the judgment obligee, with or
-must execute and deliver to him a without notice;
certificate of redemption acknowledged before BUT
a notary public or other officer authorized to it is not waste for a person in possession of the
take acknowledgments of conveyances of real property at the time of the sale, or
property. entitled to possession afterwards, during the
period allowed for redemption, to continue to
Such certificate must be filed and recorded in use it in the same manner in which it was
the registry of deeds of the place in which the previously used, or to use it in the ordinary
property is situated and the registrar of deeds course of husbandry; or to make the necessary
must note the record thereof on the margin of repairs to buildings thereon while he occupies
the record of the certificate of sale. the property.

The payments mentioned in this and the last Section 32. Rents, earnings and income of
preceding sections may be made to the property pending redemption. —
purchaser or redemptioner, or for him to the  The purchaser or
officer who made the sale.  a redemptioner
-shall not be entitled to receive the
Section 30. Proof required of redemptioner. — A rents,
redemptioner earnings and
income of the property sold on execution, or of the judgment obligor to the property as of
the value of the use and occupation thereof the time of the levy. The possession of the
-when such property is in the property shall be given to the purchaser or last
possession of a tenant. redemptioner by the same officer unless a third
party adversely to the judgment obligor.
All rents, earnings and income derived from the
property pending redemption Section 34. Recovery of price if sale not
-shall belong to the judgment obligor effective; revival of judgment. —
until the expiration of his period of redemption. If the purchaser of real property sold on
execution, or his successor in interest,
-fails to recover the possession thereof,
Section 33. Deed and possession to be given at or is evicted therefrom,
expiration of redemption period; by whom in consequence of irregularities in the
executed or given. — proceedings concerning the sale, or because the
judgment has been reversed or set aside, or
If no redemption be made within one (1) year because the property sold was exempt from
from the date of the registration of the execution, or because a third person has
certificate of sale, vindicated his claim to the property, he may on
- the purchaser is entitled to a motion in the same action or in a separate
conveyance and possession of the property; action recover from the judgment obligee the
OR, price paid, with interest, or so much thereof as
has not been delivered to the judgment obligor,
if so redeemed whenever sixty (60) days have or he may, on motion, have the original
elapsed and no other redemption has been judgment revived in his name for the whole
made, and notice thereof given, and the time price with interest, or so much thereof as has
for redemption has expired, been delivered to the judgment obligor.
-the last redemptioner is entitled to the
conveyance and possession; The judgment so revived shall have the same
BUT force and effect as an original judgment would
in all cases the judgment obligor shall have as of the date of the revival and no more.
have the entire period of one (1) year from the
date of the registration of the sale to redeem Section 35. Right to contribution or
the property. reimbursement. — When property liable to an
execution against several persons is sold
The deed shall be executed by the officer thereon,
making the sale or by his successor in office, AND
and in the latter case shall have the same more than a due proportion of the judgment is
validity as though the officer making the sale satisfied out of the proceeds of the sale of the
had continued in office and executed it. property of one of them, or one of them pays,
without a sale, more than his proportion,
-he may compel a contribution from the
Upon the expiration of the right of redemption, others; and when a judgment is upon an
-the purchaser or redemptioner shall be obligation of one of them, as security for
substituted to and acquire all the another, and the surety pays the amount, or
 rights, any part thereof, either by sale of his property
 title, or before sale, he may compel repayment from
 interest and the principal.
 claim
Section 36. Examination of judgment obligor debtor resides or is found, and be examined
when judgment unsatisfied. — When the return concerning the same.
of a writ of execution issued against property of
a judgment obligor, The service of the order
OR SHALL bind all credits due the judgment
any one of several obligors in the same obligor and all money and property of the
judgment, judgment obligor in the possession or in the
-shows that the judgment remains control of such person corporation, or
unsatisfied, in whole or in part, the judgment juridical entity from the time of service;
obligee, at any time after such return is made, AND
SHALLL be entitled to an order from the court the court may also require notice of such
which rendered the said judgment, requiring proceedings to be given to any party to the
such judgment obligor to appear and be action in such manner as it may deem proper.
examined concerning his property and income
before such court or before a commissioner Section 38. Enforcement of attendance and
appointed by it at a specified time and place; conduct of examination. — A party or other
and proceedings may thereupon be had for the person may be compelled,
application of the property and income of the -by an order or subpoena,
judgment obligor towards the satisfaction of the to attend before the court or commissioner to
judgment. testify as provided in the two preceding
sections,
But no judgment obligor shall be so required to AND
appear before a court or commissioner outside upon failure to obey such order or subpoena or
the province or city in which such obligor to be sworn, or to answer as a witness or to
resides or is found. subscribe his deposition, may be punished for
contempt as in other cases.
Section 37. Examination of obligor of judgment
obligor. — When the return of a writ of Examinations shall not be unduly prolonged,
execution against the property of a judgment but the proceedings may be adjourned from
obligor shows that the judgment remain time to time, until they are completed.
unsatisfied, in whole or in part,
AND If the examination is before a commissioner, he
upon proof to the satisfaction of the court must take it in writing and certify it to the court.
which issued the writ, All examinations and answers before a court
 that a person, commissioner must be under oath, and when a
 corporation, or corporation or other juridical entity answers, it
 other juridical entity must be on the oath of an authorized officer or
has property of such judgment obligor agent thereof.
or is indebted to him,
 the court may, by an order, require Section 39. Obligor may pay execution against
such person, obligee. —
 corporation, or After a writ of execution against property has
 other juridical entity, or any officer, or been issued,
 member thereof, -a person indebted to the judgment
to appear before the court or a obligor may pay to the sheriff holding the writ
commissioner appointed by it, at a time and of execution the amount of his debt or so much
place within the province or city where such thereof as may be necessary to satisfy the
judgment, in the manner prescribed in section 9 If it appears that the judgment obligor has an
of this Rule, interest in real estate in the place in which
AND proceedings are had, as mortgagor or
the sheriff's receipt mortgagee or other- wise, and his interest
-shall be a sufficient discharge for the therein can be ascertained without controversy
amount so paid or directed to be credited by the receiver may be ordered to sell and convey
the judgment obligee on the execution. such real estate or the interest of the obligor
therein;
AND
Section 40. Order for application of property such sale shall be conducted in all
and income to satisfaction of judgment. — respects in the same manner as is provided for
the sale of real state upon execution, and the
The court may order proceedings thereon shall be approved by the
 any property of the judgment obligor, court before the execution of the deed.
or
 money due him, not exempt from Section 43. Proceedings when indebtedness
execution, in the hands of either denied or another person claims the property.
himself or another person, or of a
corporation or other juridical entity, to If it appears that a person or corporation,
be applied to the satisfaction of the alleged to have property of the judgment
judgment, subject to any prior rights obligor or to be indebted to him,
over such property. -claims an interest in the property
adverse to him or denied the debt,
If, upon investigation of his current income and
expenses, the court may authorize, by an order made to
- it appears that the earnings of the that effect, the judgment obligee to institute an
judgment obligor for his personal services are action against such person or corporation for
more than necessary for the support of his the recovery of such interest or debt, forbid a
family, transfer or other disposition of such interest or
the court may order that he pay the debt within one hundred twenty (120) days
judgment in fixed monthly installments, and from notice of the order, and may punish
upon his failure to pay any such installment disobedience of such order as for contempt.
when due without good excuse, may punish
him for indirect contempt. Such order may be modified or vacated at any
time by the court which issued it, or by the
court in which the action is brought, upon such
Section 41. Appointment of receiver. — terms as may be just.

The court may Section 44. Entry of satisfaction of judgment by

-appoint a receiver of the property of clerk of court. —
the judgment obligor;
AND Satisfaction of a judgment
it may also forbid a transfer or other disposition  SHALL be entered by the clerk of court
of, or any interference with, the property of the in the court docket, and
judgment obligor not exempt from execution.  in the execution book,
upon the return of a writ of execution
Section 42. Sale of ascertainable interest of showing the full satisfaction of the judgment, or
judgment obligor in real estate. — upon the filing of an admission to the
satisfaction of the judgment executed and  in respect to the personal, political, or
acknowledged in the same manner as a legal condition or status of a particular
conveyance of real property by the judgment person or his relationship to another,
obligee or -the judgment or final order is conclusive upon
by his counsel unless a revocation of his  the title to the thing,
authority is filed, or  the will or administration or the
upon the endorsement of such admission by condition, status or relationship of the
the judgment obligee or his counsel, on the face person, however, the probate of a will
of the record of the judgment. or granting of letters of administration
shall only be  prima facie evidence of
Section 45. Entry of satisfaction with or without the death of the testator or intestate;
admission. —
Whenever a judgment is satisfied in fact, or (b) In other cases, the judgment or final order
otherwise than upon an execution on demand is, with respect to the matter directly adjudged
of the judgment obligor, or as to any other matter that could have been
-the judgment obligee or his counsel missed in relation thereto,
must execute and acknowledge, or indorse an -conclusive between the parties and
admission of the satisfaction as provided in the their successors in interest, by title subsequent
last preceding section, to the commencement of the action or special
AND proceeding, litigating for the same thing and
after notice and upon motion the court may under the same title and in the same capacity;
order either the judgment obligee or his and
counsel to do so, or may order the entry of
satisfaction to be made without such admission. (c) In any other litigation between the same
parties or their successors in interest, that only
Section 46. When principal bound by judgment is deemed to have been adjudged in a former
against surety. — When a judgment is rendered judgment or final order which appears upon its
against a party who stands as surety for face to have been so adjudged, or which was
another, actually and necessarily included therein or
the latter is also bound from the time necessary thereto.
that he has notice of the action or proceeding,
and an opportunity at the surety's request to
join in the defense.  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
Section 47. Effect of judgments or final orders. order is as follows:
— The effect of a judgment or final order
rendered by a court of the Philippines, having (a) In case of a judgment or final order
jurisdiction to pronounce the judgment or final upon a specific thing,
order, may be as follows: -the judgment or final order, is
conclusive upon the title to the thing,
(a) In case of a judgment or final order against a and
specific thing, or
 in respect to the probate of a will, or (b) In case of a judgment or final order
the administration of the estate of a against a person,
deceased person, or -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, fraud, or clear mistake of law or fact.