Rule 39: Execution and Satisfaction of Judgements

When the 5-year period is interrupted

Writ of execution  delays attributable to the defendant have the
- enforceable within 5-year period from entry of effect of suspending the running of the
judgement prescriptive period for the enforcement of the
-writ may be enforce by motion judgement
-and execution becomes a ministerial duty  period may be interrupted by the agreement of
Exception: the parties to suspend the enforcement of the
VoNICUFEI judgement
1. Voluntary compliance-when the judgement has
already been executed by voluntary compliance -Sec 6, Rule 39 not applicable to special proceedings
by the parties
2. Novated-when the judgement has been novated GR: An appeal perfected in due time stays the execution
by the parties of a judgement
3. Injunction is granted-when a petition for relief EPX: as when execution of judgement is not stayed by a
is filed and a preliminary injunction is granted. pending appeal
Also, when execution of judgment is enjoined by 1. Sec 4, Rule 39: those judgements by express
a higher court provision of the rules are immediately executory
4. Conditional-when the judgement sought to be and are not stayed by an appeal:
executed is conditional a. Judgement for injunction
5. Unjust/inequitable-when facts and b. Judgement for receivership
circumstances transpire which would render c. Judgement for accounting
execution inequitable/unjust d. Judgement for support
6. Five years-when the execution is sought more
than 5 years from its entry without the judgement 2. Those judgements that have become the object
having been received of discretionary execution
7. Exempt-when the execution is sought against
property exempt from execution under Sec 13 of -Discretionary Execution-not absolute; the court is
Rule 39 authorized order otherwise judgement against the
8. Interest of justice-when refusal to execute the defendant
judgement has become imperative in the higher
interest of justice -Judgement for forcible entry and unlawful detainer is
immediately executory upon motion
Quashal of a writ of execution
-when errors committed prejudicial to the rights of a GR: a judgement cannot be executed before lapse of the
party: either by appeal or by a special civil action of period for appeal ordering the pendency of an appeal
certiorari, prohibition/mandamus
Execution shall issue inly as a matter of right
Example of ground for quashal upon a judgement or final order that finally
1. When the writ of execution varies the judgement disposes of the action or proceeding upon the
2. When there has been change in the situation of expiration of the period to appeal therefrom if no
the parties making execution inequitable/unjust appeal has been duly perfected
3. When the execution is sought to be enforce Be it noted that discretionary execution does not
against property exempt from execution require final and executory judgment but simply
4. When it appears that the controversy has never a final judgement or order
been submitted to the judgement of the court Requisite of Discretionary Execution
5. When the terms of judgement are not clear -before expiration of the period for appeal or
enough and there remains room for pending:
interpretation thereof 1. there must be motion filed by prevailing party
6. When it appears that the writ of execution has 2. There must be a hearing of the motion for
been improvidently issued discretionary execution
7. When it appears that the writ of execution is 3. filed with the trial court which has jurisdiction
defective in substance, or is issued against the over the case
wrong party or that the judgement debt has been 4. there must good reasons to justify the
paid/otherwise satisfied, or the writ was issued discretionary execution
without authority 5. the good reasons must be stated in a special
order
-After lapse of 5-year period, the judgement is reduced
to a mere right of action- Good reasons-compelling circumstances; if not
certiorari
 judgement must be enforced by the institution of
a complaint in the regular form -mere allegation that the appeal is dilatory is not
 must be filed with 10 years from date the a good reason to merit discretionary execution
judgement became final
 action to enforce a judgment prescribes in 10 -remedy where the judgment subject to
years from the finality of the judgment discretionary execution is reversed/annulled: the
 a revived judgment is deemed a new judgement trial court, may, on motion, issue such order of
separate and distinct from the original judgement restitution or reparation of damages as equity
 10-year period to revive the revived judgement and justice may warrant under the
shall commence to run from the finality of the circumstances
revived judgement and not from the date of
finality of the old original judgement -In case the judgment oblige dies, execution may,
issue upon the application of his executor,
Venue of an action to revive a judgement depends administrator or successor in interest
 Real action-where the property is situated
 Personal action-residence of the
plaintiff/defendant at the plaintiff option
 -The duty of the sheriff is to levy the property of the
-How to execute judgment for money judgement debtor and not that of a 3rd person
1. demand from the judgement obligor the immediate
payment of the full amount stated in the judgement -A person, not a party to the action claiming a property
including lawful fees in cash, certified check or other levied upon may:
mode of payment 1. execute an affidavit of his title or right of possession
2. if judgement obligor cannot pay all or part of the over the property
obligation in cash, certified check or other mode of 2. such affidavit must state the grounds of such
payment, the officer shall levy upon the properties of the right/title
judgment obligor 3. affidavit shall be served upon the officer making a
levy and a cop thereof must also be served upon the
First, levy on personal property judgement oblige
Then, levy on real property
-remedy is called terceria
3. Officer may levy on the debt due the judgement debtor
(ganishment) by: -Notice of sale required before the property levied upon
a. serving notice upon 3rd person having in is sold on execution
possession/control of the credits in favor of the -must be made at public auction to the highest bidder
judgement obligor -a levy is necessary only if the obligor cannot satisfy
b. 3rd person/garnishee shall make a written report to the the judgement in cash, certified check or any other
court within 5 days form service of the notice of mode of payment acceptable to the judgement creditor
garnishment stating whether or not the judgement
obligor has sufficient funds to satisfy the judgement -Levy may be made
1. by filing with the RD a copy of the order, description
Execution for performance of a specific act: of the attached property and notice of attachment
2. leaving with the occupant of the property copy of the
1. Said act must be performed same order, description and notice
2. If party fails, the court may direct the act to be
done by someone at the cost of the disobedient -any excess property/proceeds of the sale shall be
party delivered to the judgement obligor
3. If conveyance of real/personal property, within -judgement obligee may bid, he need not pay the
Philippines, the court may order divest the title of amount of bid if it does not exceed the amount of his
the any party and vest it in others judgement
4. To vacate peaceably within 3 working days of -upon sale of real property, the officer must give the
here giving the defendant notice of such writ purchaser a certificate of sale
-such certificate must be registered in the RD
Property Exempt from Execution -real property may be redeemed from the purchaser at
1. Judgement obligor’s family home, or the any time within 1 year from date of the registry of COS
homestead in which he resides and the land -if there are other creditors having a lien on the
necessarily used in connection therewith property, the property so redeemed within 60 days
2. Ordinary tools and equipment personally used from the last redemption
by him in his trade, employment, or livelihood
3. 3 horses, or 3 cows, or 3 caraboas, or other Redeeming creditor-redemptioner
beast of burden, such as the judgement obligor
may select necessarily used by him in his -Purchaser is entitled to a conveyance and possession
ordinary occupation of the property; or if so redeemed whenever 60 days
4. His necessary clothing and articles for ordinary have elapsed and no other redemption has been made
personal use, excluding jewelry and notice thereof given, the last redemptioner is
5. Household furniture and utensils necessary for entitled to the conveyance and possession of the
housekeeping and used for that purpose by the property
judgement obligor and his family, such as the
judgement obligor may select, of a value not -possession of the property shall be given to the
exceeding P100,000 purchaser or last redemptioner by the same officer
6. Provisions for individual/family use sufficient for unless a 3rd party is actually holding the property
4 months adverse to the judgement debtor
7. Professional libraries and equipment of judges,
lawyers, physicians, pharmacists, dentists, -thus where a parcel of land levied upon on execution
engineers, surveyors, clergymen, teachers and is occupied by a person other than the judgement
other professionals not exceeding P100,000 in debtor, the procedure is for the court to order a hearing
value to determine nature of the possession of the occupant
8. 1 fishing boat and accessories not exceeding the
total value of P100,000 owned by a fisherman or -purchase/redemptioner shall not be entitled to receive
by the lawful use of which he earns his livelihood the rents, earnings and income of the property sold on
9. So much of the salaries, wages, or earnings of execution, or the value of the use and occupation
the judgement obligor for his personal services thereof when such property is in the possession of a
within 4 months preceding the levy as are tenant-shall belong to the judgement obligor
necessary for the support of his family
10. Lettered gravestones -when the return of the writ of execution shows that the
11. Monies, benefits, privileges, or annuities judgement is unsatisfied, the judgement oblige is
accruing or in any manner growing out of any life entitled to an order from the court which rendered the
insurance judgement, requiring the judgement obligor to appear
12. Right to receive legal support or money/ property and be examined concerning his property and income
obtained as such support, or any person or before the court or commissioner appointed by the
gratuity from the government court
13. Properties specially exempted by law -limitation: judgement obligor cannot be required to
appear before a court/commissioner outside the
province or city in which such obligor resides or is
found