Civil procedure

Final Reviewer 1

RULE 34 so specified shall be deemed established, and the trial shall

JUDGMENT ON THE PLEADINGS be conducted on the controverted facts accordingly.

Section 1. Judgment on the pleadings. Where an answer fails Sec. 5. Form of affidavits and supporting papers. Supporting
to tender an issue, or otherwise admits the material and opposing affidavits shall be made on personal
allegations of the adverse party’s pleading, the court may, on knowledge, shall set forth such facts as would be admissible
motion of that party, direct judgment on such pleading. in evidence, and shall show affirmatively that the affiant is
However, in actions for declaration of nullity or annulment competent to testify to the matters stated therein. Certified
of marriage or for legal separation, the material facts alleged true copies of all papers or parts thereof referred to in the
in the complaint shall always be proved. affidavit shall be attached thereto or served therewith.

An expeditious way of terminating a civil action – based on what Sec. 6. Affidavits in bad faith. Should it appear to its
the plaintiff says in his pleadings. satisfaction at any time that any of the affidavits presented
pursuant to this Rule are presented in bad faith, or solely for
WHERE THE ANSWER: the purpose of delay, the court shall forthwith order the
a. Fails to tender an Issue offending party or counsel to pay to the other party the
amount of the reasonable expenses which the filing of the
i. When it neither admits nor denies the allegations in the
affidavits caused him to incur, including attorney’s fees. It
complaint [trying to be evasive] may, after hearing, further adjudge the offending party or
ii. When all the denials in the answer are general denials counsel guilty of contempt.
[not specific – deemed to be an admission]
b. Admits the allegations of the adverse party’s pleading a.k.a. ACCELERATED JUDGMENT

**MOTION is required Where the Answer filed by the defendant puts up a defense but
such a defense is NOT GENUINE [for purposes of delay].
DOES NOT APPLY TO: There is not genuine issue as to any material fact, except as to
a. Nullity/Annulment of Marriage the amount of damages [damages must always be proven].
b. Legal Separation
c. Amount of Unliquidated Damages i.e. in an action for sum of money, where debt and non-
d. Conclusions of Law are being alleged. payment is admitted and only interest rate and damages are in
issue – SJ is proper.
RULE 35
SUMMARY JUDGMENTS
Genuine Issue – an issue of fact w/c requires the presentation of
Section 1. Summary judgment for claimant. A party seeking evidence.
to recover upon a claim, counterclaim, or cross-claim or to
obtain a declaratory relief may, at any time after the pleading **cannot be done by the court motu propio – motion is required
in answer thereto has been served, move with supporting -- by the plaintiff or the defendant.
affidavits, depositions or admissions for a summary MOTION FOR PARTIAL SJ – when some issues are genuine
judgment in his favor upon all or any part thereof. and some are not, SJ will be made on those that are not
genuine and trial will be had on those which are.

Sec. 2. Summary judgment for defending party. A party **must be supported with affidavits, or depositions, or admissions.
against whom a claim, counterclaim, or cross-claim is Supporting Affidavits – support SJ
asserted or a declaratory relief is sought may, at any time, Opposing (Counter Affidavits) – oppose the motion for SJ.
move with supporting affidavits, depositions or admissions
REQUISITES:
for a summary judgment in his favor as to all or any part
thereof. 1. Affidavit shall be made based on personal knowledge
2. Shall set forth such facts as would be admissible in
Sec. 3. Motion and proceedings thereon. The motion shall be evidence.
served at least ten (10) days before the time specified for the 3. Affiant is competent to testify to the matters stated
hearing. The adverse party may serve opposing affidavits, therein.
depositions, or admissions at least three (3) days before the 4. Certified true copies of all papers of parts thereof referred
hearing. After the hearing, the judgment sought shall be to in the affidavit shall be attached thereto or served
rendered forthwith if the pleadings, supporting affidavits, therewith.
depositions, and admissions on file, show that, except as to ++if not met, the content of the affidavit will be
the amount of damages, there is no genuine issue as to any considered HEARSAY.
material fact and that the moving party is entitled to a ++must be filed in GOOD FAITH.
judgment as a matter of law. If in BAD FAITH, the court may order party or counsel to
pay the other party the amount of reasonable expenses.
Sec. 4. Case not fully adjudicated on motion. If on motion
under this Rule, judgment is not rendered upon the whole Other possible cases filed against party and counsel are
case or for all the reliefs sought and a trial is necessary, the perjury and disbarment respectively.
court at the hearing of the motion, by examining the
pleadings and the evidence before it and by interrogating SERVED 10D before the time specified for hearing.
counsel shall ascertain what material facts exist without Adverse party may serve opposing affidavits, depositions, and
substantial controversy and what are actually and in good admissions at least 3D before the hearing.
faith controverted. It shall thereupon make an order
specifying the facts that appear without substantial Comparison
controversy, including the extent to which the amount of Judgment on the Pleadings Summary Judgment
damages or other relief is not in controversy, and directing
Proper when there is no issue Proper if there is no genuine
such further proceedings in the action as are just. The facts
of fact at all to be tried. issue of fact to be tried.

1 By: RJ MARTINEZ
II – LLB, EH 405, University of San Carlos – College of Law
 Civil procedure
Final Reviewer 1

Rendered on the basis of the Rendered on the basis of facts Judgment shall prevail in case of conflict – it is the
pleadings only. appearing in the pleadings, one that determines and settles the rights of the
affidavits, depositions, and parties and the issues presented therein.
admissions. EXC when the inevitable conclusion of the body is
Available only to the claimant. Available to both claimant very clear indicating that there was a mistake in
and the defendant. the dispositive portion.
4. Signed by the judge and filed with the clerk of court [CoC].

RULE 36 TYPES OF JUDGMENTS

JUDGMENTS, FINAL ORDERS AND ENTRY THEREOF Sin perjuicio One w/c contains only the dispositive
portion of the decision and reserves the
JUDGMENT – is the final ruling of the court of competent making of findings of fact and
jurisdiction regarding the rights or other matters submitted to it in conclusions of law in a subsequent
an action or proceeding. judgment [there is wherefore but no
ratio decidendi].
5 REQUISITES FOR A VALID JUDGMENT:
1. Court must have jurisdiction over the subject matter VOID – violates Sec. 14, Art. VIII and
2. Court must have jurisdiction over the defendant/over the Sec. 1, R36
res. Conditional One w/c is subject to the performance
3. Court must have jurisdiction over the issues. of a condition precedent and is not
- decide only those raised by the parties. final until the condition is performed.
4. Court must be validly constituted and the judge thereof, a
judge de jure or de facto. NOT VALID – not a disposition at all,
- Court has not been abolished and the judge has been merely an anticipatory statement of
appointed, not retired or separated from service [i.e. what the court shall do in the future.
where a judge has prepared and signed a decision but
Incomplete One w/c leaves certain matters to be
dies/retires before promulgation, the new judge must
settled in a subsequent proceeding.
write the decision again and sign it].
i.e. decision awarding damages but
5. Judgment must be rendered after lawful hearing.
does not state how much.
**OTHER REQUISITES:
DEFECTIVE – what is there to execute?
a. Evidence must have been considered by the tribunal in
Nunc Pro Tunc Judgment now for then.
deciding the case.
Used to make the record speak the
b. Judgment must be in writing, personally, and directly
truth but not to make it speak what it
prepared by the judge.
did not speak but ought to have
c. Judgment must clearly state the fats and the law on w/c it
spoken à incorporate in the decision
is based [refers to decisions and final orders, not to those
certain matters which are contained in
resolving incidental matters].
the records which were not
incorporated in the 1st decision [so this is
Section 1. Rendition of judgments and final orders. A
judgment or final order determining the merits of the case an amended judgment].
shall be in writing personally and directly prepared by the
judge, stating clearly and distinctly the facts and the law on NOT PROPER in the ff:
which it is based, signed by him, and filed with the clerk of a. Remedy errors or omission in an
the court. imperfect or improper judgment
b. Cannot change judgment in any
4 formal requisites: material respect
1. In writing c. Cannot correct judicial errors
no such thing as an oral judgment Judgment Upon a Rendered with the consent of the
i.e. if judge dictates the judgment in open court, the Compromise/ parties for the purpose of effecting a
decision is not known to you when it was dictated but the Amicable compromise or settlement of an action.
time when you receive a copy of the written decision. Settlement
Encouraged by the law – for as long as
2. Personally and directly prepared by the judge not contrary to law, the court will
No delegation – no ghost writer approve [unnecessary for the court to
3. States clearly and distinctly the facts and the law on which it to make a preliminary adjudication of
is based. the matters thereunder covered].
There must be a justification o the dispositive portion.
Required by Sec. 14, Art. VIII of the 1987 Constitution Lawyer cannot w/out special authority,
Required for all courts from MTC – SC à but appellate compromise his client’s litigation – if not
courts are allowed to make Memorandum decisions subscribed to by the party –
[when they affirm decision of lower courts, but not when unenforceable!
they reverse – in simple cases only]. EXC if client fails to repudiate it.
Distinguish:
Decision – the entire ruling. EFFECTS:
Judgment – the dispositive portion/fallo. Not appealable and it is immediately
executor
Cannot be annulled unless vitiated with

2 By: RJ MARTINEZ
II – LLB, EH 405, University of San Carlos – College of Law
 Civil procedure
Final Reviewer 1

error, deceit, violence, or forgery. Sec. 3. Judgment for or against one or more of several
Constitutes res judicata. parties. Judgment may be given for or against one or more of
several plaintiffs, and for or against one or more of several
Annulment of judgment based on defendants. When justice so demands, the court may require
the parties on each side to file adversary pleadings as
compromise should be brought before
between themselves and determine their ultimate rights and
the CA. obligations.
Judgment Upon a COGNOVIT Judgment [Nullo
Confession Contendere in American Law] i.e. there are 2 plaintiffs, A & B. Judgment can be rendered ifo A
and adverse to B especially when the causes of action are not
One entered against a person upon his the same – for what may be applicable to one may not be
admission or confession of liability w/out applicable to the other.
the formality, time, and expense
involved in an ordinary proceeding. Sec. 4. Several judgments. In an action against several
defendants, the court may, when a several judgment is
WARRANT OF ATTY. TO CONFESS proper, render judgment against one or more of them,
JUDGMENT - Null and void for being leaving the action to proceed against the others.
contrary to public policy – defendant in
effect waives his right to defend himself. When there are several defendants – judgment may be
Judgment of confession must be rendered first as to one defendant and trial may still continue as
done by the party himself. to the others.
i.e. in an expropriation case where one lot owner in the area to
COMPROMISE CONFESSION be expropriated asks that judgment be first rendered against
him.
Liability of the defendant is to Defendant confesses the
be determined in accordance action and consents to the
Sec. 5. Separate judgments. When more than one claim for
with the terms and conditions judgment that the court may relief is presented in an action, the court, at any stage, upon
of the agreement of the render in accordance with the a determination of the issues material to a particular claim
parties compromise and the prayer and all counterclaims arising out of the transaction or
therein occurrence which is the subject matter of the claim, may
Give and take [reciprocal Unilateral, comes from the render a separate judgment disposing of such claim. The
concessions] defendant. judgment shall terminate the action with respect to the claim
so disposed of and the action shall proceed as to the
Sec. 2. Entry of judgments and final orders. If no appeal or remaining claims. In case a separate judgment is rendered,
motion for new trial or reconsideration is filed within the the court by order may stay its enforcement until the
time provided in these Rules, the judgment or final order rendition of a subsequent judgment or judgments and may
shall forthwith be entered by the clerk in the book of entries prescribe such conditions as may be necessary to secure the
of judgments. The date of finality of the judgment or final benefit thereof to the party in whose favor the judgment is
order shall be deemed to be the date of its entry. The record rendered.
shall contain the dispositive part of the judgment or final
order and shall be signed by the clerk, with a certificate that There can be judgment rendered as to one cause of action and
such judgment or final order has become final and proceedings will continue as to the others.
executory. i.e. you render decision for the complaint then for the counter-
claim, then for the cross-claim, etc.
When judgment is rendered, an appeal or motion for
reconsideration/new trial can be made. Sec. 6. Judgment against entity without juridical personality.
When judgment is rendered against two or more persons
If there is none, the judgment becomes final and executory. sued as an entity without juridical personality, the judgment
It will then be entered by the CoC in the Book of Entries of shall set out their individual or proper names, if known.
Judgment.
When so entered, the date of the finality of the judgment shall Complaint will be filed against a entity without juridical
be the date of entry. personality by using the name of the entity.
i.e. if judgment final on March 22, even if recorded in March Summons may be served to any one of them or to the person in
30, the date of entry will retroact to March 22. charge of the place of business.
Judgment shall be rendered against the parties themselves,
setting out their individual and proper names.

RULE 37
NEW TRIAL OR RECONSIDERATION

Section 1. Grounds of and period for filing motion for new (b) Newly discovered evidence, which he could not, with
trial or reconsideration. Within the period for taking an reasonable diligence, have discovered and produced
appeal, the aggrieved party may move the trial court to set at the trial, and which if presented would probably
aside the judgment or final order and grant a new trial for alter the result.
one or more of the following causes materially affecting the Within the same period, the aggrieved party may also move
substantial rights of said party: for reconsideration upon the grounds that the damages
(a) Fraud, accident, mistake or excusable negligence awarded are excessive, that the evidence is insufficient to
which ordinary prudence could not have guarded justify the decision or final order, or that the decision or final
against and by reason of which such aggrieved party order is contrary to law.
has probably been impaired in his rights; or
Sec. 2. Contents of motion for new trial or reconsideration

3 By: RJ MARTINEZ
II – LLB, EH 405, University of San Carlos – College of Law
 Civil procedure
Final Reviewer 1

and notice thereof. The motion shall be made in writing included shall be deemed waived. A second motion for new
stating the ground or grounds therefor, a written notice of trial, based on a ground not existing nor available when the
which shall be served by the movant on the adverse party. first motion was made, may be filed within the time herein
A motion for new trial shall be proved in the manner provided excluding the time during which the first motion
provided for proof of motions. A motion for the cause had been pending.
mentioned in paragraph (a) of the preceding section shall be No party shall be allowed a second motion for
supported by affidavits of merits which may be rebutted by reconsideration of a judgment or final order.
affidavits. A motion for the cause mentioned in paragraph
(b) shall be supported by affidavits of the witnesses by whom Sec. 6. Effect of granting of motion for new trial. If a new
such evidence is expected to be given, or by duly trial is granted in accordance with the provisions of this
authenticated documents which are proposed to be Rule, the original judgment or final order shall be vacated,
introduced in evidence. and the action shall stand for trial de novo; but the recorded
A motion for reconsideration shall point out specifically the evidence taken upon the former trial, in so far as the same is
findings or conclusions of the judgment or final order which material and competent to establish the issues, shall be used
are not supported by the evidence or which are contrary to at the new trial without retaking the same.
law, making express reference to the testimonial or
documentary evidence or to the provisions of law alleged to Sec.7. Partial new trial or reconsideration. If the grounds for
be contrary to such findings or conclusions. a motion under this Rule appear to the court to affect the
A pro forma motion for new trial or reconsideration shall not issues as to only a part, or less than all of the matter in
toll the reglementary period of appeal. controversy, or only one, or less than all, of the parties to it,
the court may order a new trial or grant reconsideration as
Sec. 3. Action upon motion for new trial or to such issues if severable without interfering with the
reconsideration. The trial court may set aside the judgment judgment or final order upon the rest.
or final order and grant a new trial, upon such terms as may
be just, or may deny the motion. If the court finds that Sec. 8. Effect of order for partial new trial. When less than all
excessive damages have been awarded or that the judgment of the issues are ordered retried, the court may either enter a
or final order is contrary to the evidence or law, it may judgment or final order as to the rest, or stay the
amend such judgment or final order accordingly. enforcement of such judgment or final order until after the
new trial.
Sec. 4. Resolution of motion. A motion for new trial or
reconsideration shall be resolved within thirty (30) days Sec. 9. Remedy against order denying a motion for new trial
from the time it is submitted for resolution. or reconsideration. An order denying a motion for new trial
or reconsideration is not appealable, the remedy being an
Sec. 5. Second motion for new trial. A motion for new trial appeal from the judgment or final order.
shall include all grounds then available and those not so

MOTION FOR NEW TRIAL [MNT] MOTION FOR RECONSIDERATION [MR]

GROUNDS: GROUNDS:
A. FRAUD, ACCIDENT, MISTAKE, AND EXCUSABLE NEGLIGENCE a. Damages awarded are EXCESSIVE
[FAME]. b. Evidence is INSUFFICIENT to justify the decision or final order.
FRAUD – must be extrinsic fraud – one that prevents a party c. Decision is CONTRARY to LAW [it is wrong!]
from having a trial or from presenting his case in court [as
opposed to Intrinsic Fraud – acts during the litigation or trial FORMAL REQUIREMENTS:
itself]. Must point out specifically the findings or conclusions of the
i.e. if intrinsic [there was perjury or falsified evidence] the judgment or final order w/c are not supported by the evidence or
remedy is to expose it during trial and present rebuttal w/c are contrary to law making express reference to the testimonial
evidence, not MNT. or documentary evidence or to the provisions of law alleged to be
ACCIDENT – something unforeseen, something unexpected contrary to such findings or conclusions.
or unanticipated. **otherwise, it will be treated as pro forma [filed for the sake of
MISTAKE – note: mistake of an atty. binds the client EXC form].
where the incompetence and negligence of the counsel is **when MR is filed and denied, it is not to say that the motion is pro
SO GREAT that the party’s rights are prejudiced and he is forma à it may not be pro forma, just that the judge was not
prevented from presenting his cause of action/defense. satisfied or convinced [you tried your best].
EXCUSABLE NEGLIGENCE – note: the standard required of a
party is that w/c an ordinarily prudent man bestows on his EFFECT WHEN GRANTED:
important business. No TRIAL DE NOVO – the court will simply amend its judgment [re-
B. NEWLY DISCOVERED EVIDENCE [NDE]. study the judgment].
Requisites:
i. Evidence was discovered after trial – not forgotten evidence. 2nd MR:
ii. Could not have been discovered during trial even with the NOT ALLOWED!
exercise of reasonable diligence.
iii. If admitted, would probably alter the result – key word is
PROBABLY.

Prohibited in cases covered by the rules on Summary Procedure

and Small Claims.
No motion for extension of time to file an MNT shall be allowed.
**as opposed to REOPENING OF TRIAL – rendered before judgment;
bound by no rules; grounded on interest of justice; not reviewable
on appeal unless the exercise is abused.

4 By: RJ MARTINEZ
II – LLB, EH 405, University of San Carlos – College of Law
 Civil procedure
Final Reviewer 1

Example of Reopening: where the judge makes an ocular

inspection before judgment.

FORMAL REQUIREMENTS:
A. When grounded on F.A.M.E.
Affidavits of Merit [AM] or duly authenticated documents w/c
are proposed to be introduced in evidence.
AM – where moving party shows specific facts [not mere
conclusions or opinions] constituting the valid cause of action
or defense.
à there are 2 Affidavits = affidavit regarding FAME + affidavit
regarding the meritorious defense.
B. When grounded on NDE
Affidavits of the witnesses or duly authenticated documents
w/c are proposed to be introduced in evidence.
**without any of these formal requirements, the motion will be
treated as pro forma and will not suspend the running of the
reglementary period.

EFFECT WHEN GRANTED:

FAME – there will be TRIAL DE NOVO, proceeding will be set aside.
NDE – No TDN – the case will be opened only for the purpose of
admitting new evidence.

2nd MNT:
If based on two grounds, FAME and NDE, either or both grounds
should be included in the motion.
If 1st is based only in FAME and denied, a 2nd MNT based on NDE
may/may not be filed.
If NDE already existing when 1st was filed à 2nd will be denied
[pro forma].
If ground for 2nd is something not known or not existing or not
available during the 1st à allowed.

Both filed within 15D [period to file appeal].

Filing MNT or MR suspends the running of the 15D period to file an appeal, except when the motion is pro forma.
MNT or MR must be resolved w/in 30D form the time it is submitted for decision.
When denied, movant is given a fresh period of 15D from receipt or notice of the order denying it [Neypes Case].
Order of denial is not appealable [even via Certiorari] à remedy is to appeal from the judgment or final order itself.

PARTIAL MNT/MR
There will be a new trial or reconsideration only on such issues that are questioned.
i.e. partial new trial for the cross-claim only/counterclaim.
There shall then either:
a. Enter judgment on those not anymore questioned
b. Stay enforcement until after the new trial.

RULE 38 Filed in the court where you lost and in the same case.
RELIEF FROM JUDGMENTS, ORDERS,
OR OTHER PROCEEDINGS **available only to the parties [plaintiff and defendant].
**P4R is available as a remedy even for proceedings after
Section 1. Petition for relief from judgment, order, or other judgment [order of execution].
proceedings. When a judgment or final order is entered, or
**where an MNT has been filed and denied, a P4R is not
any other proceeding is thereafter taken against a party in
any court through fraud, accident, mistake, or excusable anymore allowed à they are exclusive of each other.
negligence, he may file a petition in such court and in the
Sec. 2. Petition for relief from denial of appeal. When a
same case praying that the judgment, order or proceeding be
judgment or final order is rendered by any court in a case,
set aside.
and a party thereto, by fraud, accident, mistake, or excusable
negligence, has been prevented from taking an appeal, he
Petition for Relief from Judgment [P4R] – whereby a party seeks
may file a petition in such court and in the same case praying
to set aside a judgment rendered against him by a court that the appeal be given due course.
whenever he was unjustly deprived of hearing or was prevented
from taking an appeal because of fraud, accident, mistake, or i.e. you wanted to appeal, but because of FAME you were not
excusable neglect. able to do so w/in the 15D period à P4R may be filed
An equitable remedy à allowed only in exceptional cases. questioning the order denying the appeal.
Only ground is FAME!

5 By: RJ MARTINEZ
II – LLB, EH 405, University of San Carlos – College of Law
 Civil procedure
Final Reviewer 1

following the petition; but such injunction shall not operate

Sec. 3. Time for filing petition; contents and verification. A to discharge or extinguish any lien which the adverse party
petition provided for in either of the preceding sections of may have acquired upon the property of the petitioner.
this Rule must be verified, filed within sixty (60) days after
the petitioner learns of the judgment, final order, or other Since the judgment is already final and executory, the winning
proceeding to be set aside, and not more than six (6) months party may move for the execution thereof.
after such judgment or final order was entered, or such - So to protect or preserve the status quo, a preliminary
proceeding was taken; and must be accompanied with injunction may be asked to preserve the rights of the
affidavits showing the fraud, accident, mistake, or excusable parties à upon the filing of a bond [in the event that
negligence relied upon, and the facts constituting the
the P4R is not meritorious, the party will pay for all
petitioner's good and substantial cause of action or defense,
as the case may be. damages that the other party will incur because of the
delay in the execution].
Petition must be:
Sec. 6. Proceedings after answer is filed. After the filing of
1. Verified
the answer or the expiration of the period therefor, the court
2. Accompanied with affidavits showing the FAME and the shall hear the petition and if after such hearing, it finds that
facts constituting petitioners good and substantial cause of the allegations thereof are not true, the petition shall be
action/defense as the case may be [FAME + Affidavit of dismissed; but if it finds said allegations to be true, it shall
Merit]. set aside the judgment or final order or other proceedings
**if w/out affidavit of merit à fatal defect à may be dismissed complained of upon such terms as may be just. Thereafter
or denied outright. the case shall stand as if such judgment, final order or other
proceeding had never been rendered, issued or taken. The
P4R must be filed w/in 60D form the time the petitioner learns of court shall then proceed to hear and determine the case as if
the judgment, order, or other proceedings to be set aside AND a timely motion for a new trial or reconsideration had been
not more than 6M after such judgment or final order was granted by it.
entered or such proceeding was taken.
Sec. 7. Procedure where the denial of an appeal is set
**both periods must be complied with.
aside. Where the denial of an appeal is set aside, the lower
i.e. if judgment was rendered on January 1, 2011, you must court shall be required to give due course to the appeal and
learn about it before June 1, 2011 (6 months) and file within to elevate the record of the appealed case as if a timely and
that time but not later than 60D from the day you learned proper appeal had been made.
about the judgment [if you learn about the judgment on
February 28, you must file it before April 29, 2011 à 60D after When P4R is filed the court shall:
you learned about it à even if it is not June 1 yet]. Conduct a hearing to determine whether the judgment or order
**period is non-extendible complained of should be set aside.
If the decision is in the affirmative, a hearing on the merits of the
Sec. 4. Order to file an answer. If the petition is sufficient in principal case.
form and substance to justify relief, the court in which it is
If granted, the judgment will be set aside as if it never existed.
filed, shall issue an order requiring the adverse parties to
P4R not = Appeal à you are not asking the court to change its
answer the same within fifteen (15) days from the receipt
thereof. The order shall be served in such manner as the decision, you are asking the court to set it aside as if it was never
court may direct, together with copies of the petition and the rendered and to try the case all over again.
accompanying affidavits.
If P4R from order denying appeal is granted:
After you file, court will require other party to Answer. The court will grant the appeal and allow the appeal to proceed
as if it were filed on time à judgment will not be set aside, but
Sec. 5. Preliminary injunction pending proceedings. The you will be given the right to appeal.
court in which the petition is filed, may grant such
preliminary injunction as may be necessary for the No P4R is available in the Court of Appeals (CA) and the
preservation of the rights of the parties, upon the filing by Supreme Court (SC).
the petitioner of a bond in favor of the adverse party all
damages and costs that may be awarded to him by reason of
issuance of such injunction or the other proceedings

RULE 39
EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS

Section 1. Execution upon judgments or final Sec. 2. Discretionary execution. (a) Execution of a judgment
orders. Execution shall issue as a matter of right, on motion, or final order pending appeal.— On motion of the prevailing
upon a judgment or order that disposes of the action or party will notice to the adverse party filed in the trial court
proceeding upon the expiration of the period to appeal while it has jurisdiction over the case and is in possession of
therefrom if no appeal has been duly perfected. either the original record or the record on appeal, as the case
If the appeal has been duly perfected and finally resolved, the may be, at the time of the filing of such motion, said court
execution may forthwith be applied for in the court of origin, may, in its discretion, order execution of a judgment or final
on motion of the judgment obligee, submitting therewith order even before the expiration of the period to appeal.
certified true copies of the judgment or judgments or final After the trial court has lost jurisdiction, the motion for
order or orders sought to be enforced and of the entry execution pending appeal may be filed in the appellate court.
thereof, with notice to the adverse party. Discretionary execution may only issue upon good reasons to
The appellate court may, on motion in the same case, when be stated in a special order after due hearing.
the interest of justice so requires, direct the court of origin to (b) Execution of several, separate or partial judgments.— A
issue the writ of execution. several separate or partial judgment may be executed under

6 By: RJ MARTINEZ
II – LLB, EH 405, University of San Carlos – College of Law
 Civil procedure
Final Reviewer 1

the same terms and conditions as execution of a judgment or

final order pending appeal. Sec. 5. Effect of reversal of executed judgment. Where the
executed judgment is reversed totally or partially, or
Sec. 3. Stay of discretionary execution. Discretionary annulled, on appeal or otherwise, the trial court may, on
execution issued under the preceding section may be stayed motion, issue such orders of restitution or reparation of
upon approval by the proper court of a sufficient supersede damages as equity and justice may warrant under the
as bond filed by the party against whom it is directed, circumstances.
conditioned upon the performance of the judgment or order
allowed to be executed in case it shall be finally sustained in Sec. 6. Execution by motion or by independent action. A final
whole or in part. The bond thus given may be proceeded and executory judgment or order may be executed on motion
against on motion with notice to the surety. 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
Sec. 4. Judgments not stayed by appeal. Judgments in actions limitations, a judgment may be enforced by action. The
for injunction, receivership, accounting and support, and revived judgment may also be enforced by motion within five
such other judgments as are now or may hereafter be (5) years from the date of its entry and thereafter by action
declared to be immediately executory, shall be enforceable before it is barred by the statute of limitations.
after their rendition and shall not be stayed by an appeal
taken therefrom, unless otherwise ordered by the trial court. [Sec. 7 & 8 on page 10]
On appeal therefrom, the appellate court in its discretion
may make an order suspending, modifying, restoring or
granting the injunction, receivership, accounting, or award
of support.
The stay of execution shall be upon such terms as to bond or
otherwise as may be considered proper for the security or
protection of the rights of the adverse party.
COMPULSORY DISCRETIONARY
a.k.a. Execution as a Matter of Right a.k.a. Execution Pending Appeal

I. NO APPEAL, JUDGMENT BECOMES FINAL Filed within the 15D period to file an appeal [when judgment is not
yet F&E].
CONDITIONS: **MUTUAL RESTITUTION will be done when after execution pending
1st à a judgment has disposed already of the action appeal, the other party appeals and appeal is granted [Sec. 5]
Not an interlocutory order
2nd à the period to appeal has expired w/out any appeal filed or REQUISITES:
taken from the judgment. 1. Motion filed by the prevailing party w/ notice to other party
2. Hearing of motion
**if met, the order becomes F&E and the prevailing party shall have 3. Good reason to justify execution
the right to have the judgment executed à duty of the court 4. God reason must be stated in a special order after due hearing
becomes MINISTERIAL.
Court may not refuse to execute even when judgment is GOOD REASONS [Examples]
erroneous – for so long as the judgment is valid, still enforceable. a. Danger of the judgment becoming ineffectual
i.e. danger that the losing party [foreign corp.] sends all its
Judgments/Orders become final and executory [F&E] by operation assets abroad and stop completely its business.
of law [lapse of the period; not by judicial declaration]. b. Old age
c. Appeal is for purpose o delay
GR: Judgment is enforceable by execution once it becomes final i.e. there is no chance that the appeal will prosper – appealing
and executory. a default judgment where defendant has no evidence.
EXC: d. Financial distress [plus other good reasons]++
A. SUPERVENING FACT DOCTRINE – change in the situation of e. Posting of bond {plus other good reasons]++
the parties makes execution inequitable. ++not good reasons in themselves
i.e. squatter who is sought to be ejected becomes the
highest bidder in the auction sale of the property à it is WHERE FILED
now inequitable to eject him after the judgment granting a. TRIAL COURT [TC] – while it has jurisdiction over the case and
forcible entry since he is now the owner. the court is still in possession of the records.
i.e. Judgment against bank cannot be executed when i. Judgment has not yet become final [15D period has not yet
bank is placed under receivership after the judgment lapsed].
becomes F&E. ii. The TC is still in possession of the records.
**SE must happen after the judgment has become F&E [otherwise, if b. APPELLATE COURT – after the TC has already lost jurisdiction.
there is something going on while case is pending w/c would make By Notice of Appeal – court loses jurisdiction upon the
the decision against you unfair à bring it to the attention of the perfection of the appeals filed in due time and the
court. expiration of the time to appeal of the other parties.
B. CONTROVERSY HAS NEVER BEEN SUBMITTED TO THE By Record on Appeal – upon the approval of the records on
JUDGMENT OF THE COURT appeal filed in due time and the expiration of the tie to
C. JUDGMENT WAS NOVATED BY SUBSEQUENT AGREEMENT OF appeal of the other parties.
THE PARTIES.
Compromise agreements are welcome anytime à prevailing When there can be two or more judgments arising out of one case,
party can waive his right/s under the judgment. 1st judgment can be executed while waiting for the rendition of the
There will be a new agreement between the parties [the 2nd. [par. B, Sec. 2]
new obligation must be totally incompatible with the 1st i.e. there can be execution as to the actual damages [because

7 By: RJ MARTINEZ
II – LLB, EH 405, University of San Carlos – College of Law
 Civil procedure
Final Reviewer 1

obligation]. amount is certain] but the moral and exemplary damages cannot
D. WRIT OF EXECUTION IMPROVIDENTLY ISSUED be executed pending appeal because CA may reduce or totally
E. WRIT OF EXECUTION DEFECTIVE IN SUBSTANCE eliminate the award.
F. WRIT OF EXECUTION ISSUED AGAINST THE WRONG PARTY
G. JUDGMENT DEBT HAS BEEN PAID OR OTHERWISE SATISFIED. REMEDY OF DEFENDANT [Sec. 3]
**Note that although judgment is already F&E, it may not be Supersedeas Bond [SB] – which will answer for any damages that
executed when the court issues an injunction to stop the the plaintiff may suffer if the defendant’s appeal is not meritorious.
enforcement [pendency of a P4R] or CA may issue a writ of prelim. GR: when the defendant puts up an SB, the court shall recall the
Injunction pending its judgment in an action for annulment of the execution pending appeal.
RTCs decision. EXC: if there are special and compelling reasons justifying the
II. CA AFFIRMS RTC JUDGMENT same outweighing the security offered by the SB.
i.e. judgment for support
The judgment IFO of a party is affirmed in the CA.
The records of the case in the CA need not be awaited à a
certified copy of the CA decision + a copy of the entry of final
judgment may be attached to the motion.

III. CASES UNDER SEC. 4

GR: if there is an appeal, the judgment will be stayed.

EXC: judgments in actions for: Injunction
Receivership
Accounting
Support
EXC to EXC: unless otherwise ordered by the trial court.

IV. FORCIBLE ENTRY AND UNLAWFUL DETAINER CASES

These judgments of the MTC are immediately executory even if not
yet F&E.
personal properties are insufficient to answer for the
Sec. 9. Execution of judgments for money, how enforced.
judgment.
(a) Immediate payment on demand. - The officer shall The sheriff shall sell only a sufficient portion of the personal
enforce an execution of a judgment for money by demanding or real property of the judgment obligor which has been
from the judgment obligor the immediate payment of the full levied upon.
amount stated in the writ of execution and all lawful fees. When there is more property of the judgment obligor than is
The judgment obligor shall pay in cash, certified bank check sufficient to satisfy the judgment and lawful fees, he must
payable to the judgment obligee or his authorized sell only so much of the personal or real property as is
representative if present at the time of payment. The lawful sufficient to satisfy the judgment and lawful fees.
fees shall be handed under proper receipt to the executing Real property, stocks, shares, debts, credits, and other
sheriff who shall turn over the said amount within the same personal property, or any interest in either real or persoanl
day to the clerk of court of the court that issued the writ. property, may be levied upon in like manner and with like
If the judgment obligee or his authorized representative is effect as under a writ of attachment.
not present to receive payment, the judgment obligor shall (c) Garnishment of debts and credits. - The officer may levy
deliver the aforesaid payment to the executing sheriff. The on debts due the judgment obligor and other credits,
latter shall turn over all the amounts coming into his including bank deposits, financial interests, royalties,
possesssion within the same day to the clerk of court of the commissions and other personal property not capable of
court that issued the writ, or if the same is not practicable, manual delivery in the posssession or control of third
deposit said amount to a fiduciary account in the nearest parties. Levy shall be made by serving notice upon the person
government depository bank of the Regional Trial Court of owing such debts or having in his possession or control such
the locality. credits to which the judgment obligor is entitled. The
The clerk of court shall thereafter arrange for the remittance garnishment shall cover only such amount as will satisfy the
of the deposit to the account of the court that issued the writ judgment and all lawful fees.
whose clerk of court shall then deliver said payment to the The garnishee shall make a written report to the court within
judgment obligee in satisfactionn of the judgmen. The excess, five (5) days from service of the notice of garnishment stating
if any, shall be delivered to the judgment obligor while the whether or not the judgment obligor has sufficient funds or
lawful fees shall be retained by the clerk of court for credits to satisfy the amount of the judgment. If not, the
disposition as provided by law. In no case shall the executing report shall state how much funds or credits the garnishee
sheriff demand that any payment by check be made payable holds for the judgment obligor. The garnished amount in
to him. cash, or certified bank check issued in the name of the
(b) Satisfaction by levy. - If the judgment obligor cannot pay judgment obligee, shall be delivered directly to the judgment
all or part of the obligation in cash, certified bank check or obligee within ten (10) working days from service of notice
other mode of payment acceptable to the judgment obligee, on said garnishing requiring such delivery, except the lawful
the officer shall levy upon the properties of the judgment fees which shall be paid directly to the court.
obligor of every kind and nature whatsoever which may be In the event there are two or more garnishees holding
disposed of for value and not otherwise exempt from deposits or credits sufficient to satisfy the judgment, the
execution giving the latter the option to immediately choose judgment obligor, if available, shall have the right to indicate
which property or part thereof may be levied upon, sufficient the garnishee or garnishees who shall be required to deliver
to satisfy the judgment. If the judgment obligor does not the amount due; otherwise, the choice shall be made by the
exercise the option, the officer shall first levy on the personal judgment obligee.
properties, if any, an then on the real properties if the

8 By: RJ MARTINEZ
II – LLB, EH 405, University of San Carlos – College of Law
 Civil procedure
Final Reviewer 1

The executing sheriff shall observe the same procedure employing such means as may be reasonably necessary to
under paragraph (a) with respect to delivery of payment to retake possession, and place the judgment obligee in
the judgment obligee. possession of such property. Any costs, damages, rents or
profits awarded by the judgment shall be satisfied in the
Sec. 10. Execution of judgments for specific act. same manner as a judgment for money.
(a) Conveyance, delivery of deeds, or other specific acts; (d) Removal of improvements on property subject of
vesting title. - If a judgment directs a party who execute a execution.- When the property subject of the execution
conveyance of land or personal property, or to deliver deeds contains improvements constructed or planted by the
or other documents, or to perform any other specific act in judgment obligor or his agent, the officer shall not destroy,
connection therewith, and the party fails to comply within demolish or remove said improvements except upon special
the time specified, the court may direct the act to be done at order of the court issued upon motion of the judgment
the cost of the disobedient party by some other person obligee after due hearing and after the former has failed to
appointed by the court and the act when so done shall have remove the same within a reasonable time fixed by the court.
like effect as if done by the party. If real or personal property (e) Delivery of personal property.- In judgments for the
is situated within the Philippines, the court in lieu of delivery of personal property, the officer shall take
directing a conveyance thereof may be an order divest the possession of the same and forthwith deliver it to the party
title of any party and vest it in others, which shall have the entitled thereto and satisfy any judgment for money as
force and effect of a conveyance executed in due form of law. therein provided.
(b) Sale of real or personal property.— If the judgment be for
the sale of real or personal property, to sell such property, Sec. 11. Execution of special judgments. When a judgment
describing it, and apply the proceeds in conformity with the requires the performance of any act other than those
judgment. mentioned in the two preceding sections, a certified copy of
(c) Delivery or restitution of real property.- The officer shall the judgment shall be attached to the writ of execution and
demand of the person against whom the judgment for the shall be served by the officer upon the party against whom
delivery or restitution of real property is rendered and all the same is rendered, or upon any other person required
person claiming rights under him to peaceably vacate the thereby, or by law, to obey the same, and such party or
property within three (3) working days, and restore person may be punished for contempt if he disobeys such
possession thereof to the judgment obligee; otherwise, the judgment.
officer shall oust and such persons therefrom with the
assistance, if necessary of appropriate peace officers, and

MONEY JUDGMENT [SEC. 9] JUDGMENT OTHER THAN MONEY [SEC. 10] SPECIAL JUDGMENT [SEC. 11]
STEPS: When money is only incidental. Ordinary – Sec. 9 and Sec. 10
1. Sheriff must demand payment from the Special [SJ] – judgment requires the
obligor 1st sentence defendant to perform an act other
2. Obligor can pay in [w/c shall go to Action for Reconveyance – asking defendant, than payment of money or delivery of
obligee]: a title owner, to convey to you his personal property. It refers to a specific act w/c
a. Cash property. a party or person must personally do
b. Certified bank check payable Pacto de Retro – where defendant refuses to because his personal qualifications and
c. Any other form of payment execute deed of sale for plaintiff’s repurchase. circumstances have been taken into
acceptable to the latter Action to execute deed of sale of repurchase consideration.
3. Lawful fees shall be paid to the executing by homestead owner [homestead owner has
sheriff à turn over payment to CoC. right to repurchase w/in 5 years after sale]. i.e. usurpation of public office
**if plaintiff is not there, the payment is made
to the sheriff and he is supposed to enforce it 2nd sentence **SJ may be enforced by contempt if
to the clerk of court à the court will look for the Action for Termination of Co-ownership – the the defendant refuses to comply with
obligee to remit the money [he may also 50 co-owners will share in the proceeds of the the judgment
deposit the amounts to the govt. bank acct. of sale ordered to terminate co-ownership.
RTC of the locality].
**check payment can never be in the name of 3rd and 4th sentence
the sheriff. Applicable to actions of forcible entry,
**excess shall be delivered to the obligor while unlawful detainer, accion publiciana.
the lawful fees shall be retained by the CoC. Sheriff gives defendant a chance to vacate
SATISFACTION BY LEVY within 3 working days and restore possession to
If obligor has no money or it is insufficient à the obligee.
sheriff shall levy upon the properties of the Otherwise, sheriff shall oust person from the
obligor [those not exempt]. premises w/ the assistance of appropriate
Levy – the act whereby the sheriff sets apart or peace officers
appropriates for the purpose of satisfying the Means reasonably necessary to retake
command of the writ, a part or the whole of possession may be employed
the judgment debtor’s property. [Note: to oust obligor from and to place
**a prerequisite to auction sale [sale not obligee in the property].
preceded by a valid levy is void and the **if there are damages or unpaid rentals, these
purchaser acquires no title]. can be levied in accordance with Sec. 9
**obligor/defendant has the right to choose **improvements made by the judgment
w/c property or part thereof may be levied obligor on the property cannot be removed
upon sufficient to satisfy the judgment. without a special order [SO]!
**PERSONAL PROP. 1st then REAL PROP. SO issues only after due hearing and after
**you sell only up to the point that the obligor has failed to remove them himself

9 By: RJ MARTINEZ
II – LLB, EH 405, University of San Carlos – College of Law
 Civil procedure
Final Reviewer 1

judgment will be satisfied. w/in reasonable time fixed by the court.

GARNISHMENT 5th sentence

Levy on intangibles [i.e. credits in bank Related to REPLEVIN
account, financial interests, royalties,
commissions]. **NOTE:
Notice is sent to person owing such debt to the In Sec. 10, the execution on the property itself
judgment obligor [i.e. the bank à bec. the is the first step, in Sec.9, the execution on the
bank is a debtor]. property is only allowed when the obligor has
The garnished amount shall be delivered to the no or insufficient money to satisfy the
judgment obligee in cash or certified bank judgment.
check [lawful fees shall be paid directly to the **it is important to take note of a change in
court]. the nature of the obligation from a monetary
**more than 1 garnishee – the obligor shall to a non-monetary one or vice versa.
have the right to indicate the garnishee/s who See case of Abinujar v CA
shall be required to deliver the amount due
[otherwise, it shall be the obligee].

rendered, and if sufficient personal property cannot be

found, then out of the real property; and
Sec. 7. Execution in case of death of party. In case of the (e) In all cases, the writ of execution shall specifically state
death of party, execution may issue or be enforced in the the amount of the interest, costs, damages, rents, or profits
following manner: due as of the date of the issuance of the writ, aside from the
(a) In case of the death of the judgment obligee, upon the principal obligation under the judgment. For this purpose,
application of his executor or administrator, or successor in the motion for execution shall specify the amounts of the
interest; foregoing reliefs sought by the movant.
(b) In case of the death of the judgment obligor, against his
executor or administrator or successor in interest, if the Sec. 12. Effect of levy on execution as to third persons. The
judgment be for the recovery of real or personal property, or levy on execution shall create a lien in favor of the judgment
the enforcement of the lien thereon; obligee over the right, title and interest of the judgment
(c) In case of the death of the judgment obligor, after obligor in such property at the time of the levy, subject to
execution is actually levied upon any of his property, the liens and encumbrances then existing.
same may be sold for the satisfaction of the judgment
obligation, and the officer making the sale shall account to i.e. piece of land owned by X is mortgaged to the bank. X has
the corrsponding executor or administrator for any surplus
an unpaid loan with A, A sued X and won. The land was levied.
in his hands.
à Even if the property is sold at public auction and we will
assume that it will go to A that property is still under mortgage. A
If the obligee dies after he wins à his executor, administrator,
has to respect the lien.
legal representative or heirs and successors in interest can
enforce the judgment.
Sec. 13. Property exempt from execution. Except as
If the obligor dies and there is final judgment [recovery of otherwise expressly provided by law, the following property,
personal or real prop] judgment is executed against the and no other, shall be exempt from execution:
administrator or executor à bec. action survives. (a) The judgment obligor's family home as provided by law,
If money claim à after levy on executionà sale proceeds as or the homestead in which he resides, and land necessarily
scheduled. used in connection therewith;
(b) Ordinary tools and implements personally used by him in
Sec. 8. Issuance, form and contents of a writ of execution. hs trade, employment, or livelihood;
The writ of execution shall: (1) issue in the name of the (c) Three horses, or three cows, or three carabaos, or other
Republic of the Philippines from the court which granted the beasts of burden such as the judgment obligor may select
motion; (2) state the name of the court, the case number and necessarily used by him in his ordinary occupation;
title, the dispositive part of the subject judgment or order; (d) His necessary clothing and articles for ordinary personal
and (3) require the sheriff or other proper officer to whom it use, excluding jewelry;
is directed to enforce the writ according to its terms, in the (e) Household furniture and utensils necessary for
manner herein after provided: housekeeping, and used for that purpose by the judgment
(a) If the execution be against the property of the judgment obligor and his family, such as the judgment obligor may
obligor, to satisfy the judgment, with interest, out of the real select, of a value not exceeding one hundred thousand pesos;
or personal property of such judgment obligor; (f) Provisions for individual or family use sufficient for four
(b) If it be against real or personal property in the jands of months;
personal representatives, heirs, devisees, legatees, tenants, (g) The professional libraries and equipment of judges,
or trustees of the judgment obligor, to satisfy the judgment, lawyers, physicians, pharmacists, dentists, engineers,
with interest, out of such properties; surveyors, clergymen, teachers, and other professionals, not
(c) If it be for the sale of real or personal property, to sell exceeding three hundred thousand pesos in value;
such property, describing it, and apply the proceeds in (h) One fishing boat and accessories not exceeding the total
conformity with the judgment, the material parts of which value of one hundred thousand pesos owned by a fisherman
shall be recited in the writ of execution; and by the lawful use of which he earns his livelihood;
(d) If it be for the delivery of the possession of real or (i) So much of the salaries, wages, or earnings of the
personal property, to deliver the possession of the same, judgment obligor of his personal services within the four
describing it, to the party entitled thereto, and to satisfy any months preceding the levy as are necessary for the support of
costs, damages, rents, or profits covered by the judgment out his family;
of the personal property of the person against whom it was (j) Lettered gravestones;

10 By: RJ MARTINEZ
II – LLB, EH 405, University of San Carlos – College of Law
 Civil procedure
Final Reviewer 1

(k) Monies benefits, privileges, or annuities accruing or in after his receipt of the writ, the officer shall report to the
any manner growing out of any life insurance; court and state the reason therefor. Such writ shall continue
(l) The right to receive legal support, or money or property in effect during the period within which the judgment may be
obtained as such support, or any pension or gratuity from enforced by motion. The officer shall make a report to the
the Government; court every thirty (30) days on the proceedings taken
(m) Properties specially exempt by law. thereon until the judgment is satisfied in full, or its
But no article or species of property mentioned in his effectivity expires. The returns or periodic reports shall set
section shall be exempt from execution issued upon a forth the whole of the proceedings taken, and shall be filed
judgment recovered for its price or upon a judgment of with the court and copies thereof promptly furnished the
foreclosure of a mortgage thereon. parties.

a. FAMILY HOME as provided by law, or the HOMESTEAD in Sec. 15. Notice of sale of property on execution. Before the
which he resides, + LAND NECESSARILY USED in connection sale of property on execution, notice thereof must be given as
therewith; follows:
b. ORDINARY TOOLS AND IMPLEMENTS PERSONALLY USED by him (a) In case of perishable property, by posting written notice
in his trade, employment, or livelihood; of the time and place of the sale in three (3) public places,
preferably in conspicuous areas of the municipal or city hall,
- Does not apply to juridical persons [corporations]
post office and public market in the municipality or city
c. THREE (3) horses, or three cows, or three carabaos, or other where the sale is to take place, for such time as may be
BEASTS OF BURDEN such as the judgment obligor may select reasonable, considering the character and condition of the
necessarily used by him in his ordinary occupation; property;
d. His NECESSARY CLOTHING and ARTICLES for ORDINARY (b) In case of other personal property, by posting a similar
PERSONAL USE, EXCLUDING JEWELRY; notice in the three (3) public places above-mentioned for not
e. Household FURNITURE AND UTENSILS necessary for less than five (5) days;
HOUSEKEEPING, and USED FOR THAT PURPOSE by the (c) In case of real property, by posting for twenty (20) days in
judgment obligor and his family, such as the judgment the three (3) public places above-mentioned a similar notice
obligor may select, of a value not exceeding 100K; particularly describing the property and stating where the
- They must not be for mere luxury but must be property is to be sold, and if the assessed value of the
necessary. property exceeds fifty thousand (P50,000.00) pesos, by
f. Provisions for individual or family use sufficient for four months; publishing a copy of the notice once a week for two (2)
consecutive weeks in one newspaper selected by raffle,
- Sack of rice, etc.
whether in English, Filipino, or any major regional language
g. The PROFESSIONAL LIBRARIES AND EQUIPMENT of judges, published, edited and circulated or, in the absence thereof,
lawyers, physicians, pharmacists, dentists, engineers, having general circulation in the province or city;
surveyors, clergymen, teachers, and other PROFESSIONALS, (d) In all cases, written notice of the sale shall be given to the
not exceeding 300k; judgment obligor, at least three (3) days before the sale,
h. ONE (1) FISHING BOAT AND ACCESSORIES not exceeding the except as provided in paragraph (a) hereof where notice
total value of 100k owned by a fisherman and by the lawful shall be given at any time before the sale, in the same manner
use of which he EARNS HIS LIVELIHOOD; as personal service of pleadings and other papers as
i. So much of the SALARIES, WAGES, OR EARNINGS of the provided by Section 6 of Rule 13.
judgment obligor of his PERSONAL SERVICES within the FOUR
MONTHS preceding the levy as are necessary for the support The notice shall specify the place, date and exact time of the
of his family; sale which should not be earlier than nine o’clock in the
morning and not later than two o’clock in the afternoon. The
j. Lettered GRAVESTONES;
place of the sale may be agreed upon by the parties. In the
k. Monies benefits, privileges, or annuities ACCRUING OR IN ANY
absence of such agreement, the sale of real property or
MANNER GROWING OUT of any LIFE INSURANCE; personal property not capable of manual delivery shall be
l. The RIGHT to receive legal support, or money or property held in the office of the clerk of court of the Regional Trial
obtained as such support, or any pension or gratuity from the Court or the Municipal Trial Court which issued the writ or
Government; which was designated by the appellate court. In the case of
- Properties specially exempt by law. personal property capable of manual delivery, the sale shall
Free patent application/homestead be held in the place where the property is located.
- SSS benefits
- Property acquired by tenant under CARP Notices must be posted in 3 public places preferably in the:
1. Municipal hall
***But no article or species of property mentioned in his section 2. Post office
shall be exempt from execution issued upon a JUDGMENT 3. Public market
RECOVERED FOR ITS PRICE or upon a JUDGMENT OF
FORECLOSURE OF A MORTGAGE THEREON. If the property sold is real property à notice must describe the
i.e. when you buy SCRA thru a loan. You were not able to pay. property, its location [post for 20D].
The bookstore levied on the books – OK! if assessed value exceeds 50k à publication is required [once
If another creditor – SCRAs are exempt [only the bookstore a week for two consecutive weeks].
may enforce on the SCRA]. If personal property à post for 5D.
i.e. family home à you mortgaged it. You cannot claim If perishable goods à post for such time as may be reasonable.
exemption. Also, when you are unable to pay for the materials,
labor for the family home à the laborers or the supplier of Notice must be given to the judgment obligor 3D before sale –
materials may enforce on the family home. except for perishable goods where notice may be given any
time before the sale.
Sec. 14. Return of writ of execution. The writ of execution
shall be returnable to the court issuing it immediately after **Requirements set forth must be strictly followed. Otherwise it will
the judgment has been satisfied in part or in full. If the give rise to a ground for a motion to annul the execution.
judgment cannot be satisfied in full within thirty (30) days

11 By: RJ MARTINEZ
II – LLB, EH 405, University of San Carlos – College of Law
 Civil procedure
Final Reviewer 1

Person willfully removing/defacing notices posted = P5k to

Sec. 16. Proceedings where property claimed by third person injured thereby [except when sale already done or
person. If the property levied on is claimed by any person judgment already satisfied].
other than the judgment obligor or his agent, and such **there must be motion.
person makes an affidavit of his title thereto or right to the
possession thereof, stating the grounds of such right or title, Sec. 18. No sale if judgment and costs paid. At any time
and serves the same upon the officer making the levy and a before the sale of property on execution, the judgment
copy thereof upon the judgment obligee, the officer shall not obligor may prevent the sale by paying the amount required
be bound to keep the property, unless such judgment obligee, by the execution and the costs that have been incurred
on demand of the officer, files a bond approved by the court therein.
to indemnify the third-party claimant in a sum not less than
the value of the property levied on. In case of disagreement If the obligor pays the amount required by the execution and
as to such value, the same shall be determined by the court
the costs – NO SALE!
issuing the writ of execution. No claim for damages for the
taking or keeping of the property may be enforced against **must be full amount!
the bond unless the action therefor is filed within one
Sec. 19. How property sold on execution; who may direct
hundred twenty (120) days from the date of the filing of the
manner and order of sale. All sales of property under
bond.
The officer shall not be liable for damages for the taking or execution must be made at public auction, to the highest
bidder, to start at the exact time fixed in the notice. After
keeping of the property, to any third-party claimant if such
sufficient property has been sold to satisfy the execution, no
bond is filed. Nothing herein contained shall prevent such
more shall be sold and any excess property or proceeds of the
claimant or any third person from vindicating his claim to
the property in a separate action, or prevent the judgment sale shall be promptly delivered to the judgment obligor or
his authorized representative, unless otherwise directed by
obligee from claiming damages in the same or a separate
the judgment or order of the court. When the sale is of real
action against a third-party claimant who filed a frivolous or
property, consisting of several known lots, they must be sold
plainly spurious claim.
When the writ of execution is issued in favor of the Republic separately; or, when a portion of such real property is
claimed by a third person, he may require it to be sold
of the Philippines, or any officer duly representing it, the
separately. When the sale is of personal property capable of
filing of such bond shall not be required, and in case the
manual delivery, it must be sold within view of those
sheriff or levying officer is sued for damages as a result of the
levy, he shall be represented by the Solicitor General and if attending the same and in such parcels as are likely to bring
the highest price. The judgment obligor, if present at the sale,
held liable therefor, the actual damages adjudged by the
may direct the order in which property, real or personal,
court shall be paid by the National Treasurer out of such
shall be sold, when such property consists of several known
funds as may be appropriated for the purpose.
lots or parcels which can be sold to advantage separately.
Neither the officer conducting the execution sale, nor his
a.k.a. TERCERIA – an affidavit asserting that he is the owner of
deputies, can become a purchaser, nor be interested directly
the property levied. or indirectly in any purchase at such sale.
It places the sheriff on guard and he may be held liable if he
continues to sell the property. Execution sale shall be done at public auction. The public is
invited to bid à that is why notice/publication is required.
To bind the sheriff or to proceed with the sale the judgment HIGHEST BIDDER wins.
obligee must post a bond equivalent to not less than the value
of the property [if amount not cannot be determined by the If there are many properties involved/to be sold – they should be
parties, court shall determine]. sold one by one [not all at once].
After sufficient property has been sold to satisfy the
REMEDIES AVAILABLE TO A 3RD PARTY judgment, no more property must be sold.
a. Invoke the SUPERVISORY POWER OF THE COURT – where the **the debtor can intervene by indicating which property should
sheriff clearly levied the wrong property. be bid out first and so on.
B. TERCERIA **the sheriff and his deputy cannot participate in the auction.
c. Any PROPER ACTION TO VINDICATE his claims to the Also the judge and the lawyer.
property [separate civil action] - where the issue is if the 3rd
party of the defendant owns the property sought to be Sec. 20. Refusal of purchaser to pay. If a purchaser refuses to
levied à cannot be summarily decided by the court. pay the amount bid by him for property struck off to him at a
sale under execution, the officer may again sell the property
Sec. 17. Penalty for selling without notice, or removing or to the highest bidder and shall not be responsible for any loss
defacing notice. An officer selling without the notice occasioned thereby; but the court may order the refusing
prescribed by section 15 of this Rule shall be liable to pay purchaser to pay into the court the amount of such loss, with
punitive damages in the amount of five thousand costs, and may punish him for contempt if he disobeys the
(P5,000.00) pesos to any person injured thereby, in addition order. The amount of such payment shall be for the benefit of
to his actual damages, both to be recovered by motion in the the person entitled to the proceeds of the execution, unless
same action; and a person willfully removing or defacing the the execution has been fully satisfied, in which event such
notice posted, if done before the sale, or before the proceeds shall be for the benefit of the judgment obligor. The
satisfaction of the judgment if it be satisfied before the sale, officer may thereafter reject any subsequent bid of such
shall be liable to pay five thousand (P5,000.000) pesos to purchaser who refuses to pay.
any person injured by reason thereof, in addition to his
actual damages, to be recovered by motion in the same If highest bidder does not pay he may be declared in contempt
action. of court.
The bidding is done again with the exclusion of the party who
Officer selling without notice = P50K to person injured thereby refused to pay.

Sec. 21. Judgment obligee as purchaser. When the purchaser

12 By: RJ MARTINEZ
II – LLB, EH 405, University of San Carlos – College of Law
 Civil procedure
Final Reviewer 1

is the judgment obligee, and no third-party claim has been property to the purchaser and, if desired, execute and deliver
filed, he need not pay the amount of the bid if it does not to him a certificate of sale. The sale conveys to the purchaser
exceed the amount of his judgment. If it does, he shall pay all the rights which the judgment obligor had in such
only the excess. property as of the date of the levy on execution or
preliminary attachment.
The judgment obligee can participate in the auction sale. he is
normally the 1st one who makes the bid = to the obligation of the Sec. 24. Conveyance to purchaser of personal property not
debtor. capable of manual delivery.
If he is the highest bidder:
GR: no longer required to pay the bid amount à apply law on When the purchaser of any personal property, not capable of
manual delivery, pays the purchase price, the officer making
compensation.
the sale must execute and deliver to the purchaser a
EXC: certificate of sale. Such certificate conveys to the purchaser
When his bid is higher than the judgment [cash for the all the rights which the judgment obligor had in such
excess]. property as of the date of the levy on execution or
When the property w/c is sold is a subject of a 3rd party claim preliminary attachment.
[the money will be deposited and it will be returned when the
3rd party claim turns out to be frivolous]. Sec. 25. Conveyance of real property; certificate thereof given
to purchaser and filed with registry of deeds.
Sec. 22. Adjournment of sale. By written consent of the
judgment obligor and obligee, or their duly authorized Upon a sale of real property, the officer must give to the
representatives, the officer may adjourn the sale to any date purchaser a certificate of sale containing:
and time agreed upon by them. Without such agreement, he
may adjourn the sale from day to day if it becomes necessary (a) A particular description of the real property sold;
to do so for lack of time to complete the sale on the day fixed (b) The price paid for each distinct lot or parcel;
in the notice or the day to which it was adjourned. (c) The whole price paid by him;
(d) A statement that the right of redemption expires one (1)
The sheriff may adjourn the sale from day to day for lack of time. year from the date of the registration of the certificate of
If adjournment is for a longer period than 1 day the parties must sale.
both agree by written consent.
Such certificate must be registered in the registry of deeds of
Sec. 23. Conveyance to purchaser of personal property the place where the property is situated.
capable of manual delivery. When the purchaser of any
personal property, capable of manual delivery, pays the
purchase price, the officer making the sale must deliver the
PERSONAL PROPERTY
REAL PROPERTY
CAPABLE NOT CAPABLE
Property will be delivered. The officer making the same must Sheriff will execute a Certificate of Sale IFO of the highest bidder.
Certificate of Sale will be execute and deliver to the There will be a statement that the right of redemption expires (1)
executed and delivered. purchaser a certificate = year from the date of registration of the certificate of sale.
Sheriff will sign the certificate. tantamount to delivery.
The sale conveys to the purchaser all the rights w/c the judgment When Considered Owner
debtor have in such property as of the date of the levy on Title is transferred after the expiration of the right to redeem.
execution à you step into his shoes [if he is owner, you become
owner; if he is usufructuary, you become usufructuary].
i.e. for in an execution “sale” of land the actual land is not sold but
only the interest therein.

CAVEAT EMPTOR applies here. There is not warranty against

eviction. Sheriff does not warrant ownership of the property.

When Considered the Owner

Title is transferred after payment of the purchase price and delivery
upon the purchaser [either physical or symbolic].

Attacking the Validity of the Auction Sale

GR: there is presumption that every fair sale is final.
EXC:
When it is shown from the nature of the irregularity or from intrinsic facts injury resulted therefrom [serious irregularities].
Price obtained at the execution sale is shockingly inadequate and it is shown that a better price can be obtained at a resale.
EXC to EXC: does not apply to REAL PROPERTY à it would even be easier for the obligor to redeem with a lower price.

13 By: RJ MARTINEZ
II – LLB, EH 405, University of San Carlos – College of Law
 Civil procedure
Final Reviewer 1

Sec. 26. Certificate of sale where property claimed by third Judgment Obligor and the 1st Redemptioner – given (1) year
person. When a property sold by virtue of a writ of execution from the date of registration of the cert. of sale.
has been claimed by a third person, the certificate of sale to 2nd Redemptioner Onwards – 60D
be issued by the sheriff pursuant to sections 23, 24 and 25 of **written notice must be made to the officer
this Rule shall make express mention of the existence of such
third-party claim.
AMOUNT TO BE PAID
Sec. 27. Who may redeem real property so sold. Real Judgment Obligor and 1st Redemptioner
property sold as provided in the last preceding section, or Purchase Price + 1% per month + Assessment or Tax Paid + 1%
any part thereof sold separately, may be redeemed in the on the Assessment or Tax Paid
manner hereinafter provided, by the following persons: 2nd Redemptioner Onwards
(a) The judgment obligor, or his successor in interest in the Purchase Price + 2% per month + Assessment or Tax Paid + 2%
whole or any part of the property; on the Assessment or Tax Paid
(b) A creditor having a lien by virtue of an attachment, **if there is a stipulation of a higher interest rate, that may be the
judgment or mortgage on the property sold, or on some part rate used [see Sy v CA]
thereof, subsequent to the lien under which the property was
sold. Such redeeming creditor is termed a redemptioner. Sec. 29. Effect of redemption by judgment obligor, and a
certificate to be delivered and recorded thereupon; to whom
WHO ARE ENTITLED TO REDEEM REAL PROPERTY payments on redemption made. If the judgment obligor
a. Judgment obligor or his successor-in-interest redeems, he must make the same payments as are required
b. A creditor having a lien by virtue of an attachment, to effect a redemption by a redemptioner, whereupon, no
judgment or mortgage o the property sold, subsequent to further redemption shall be allowed and he is restored to his
the lien under w/c the property was sold à REDEMPTIONER. 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
REDEMPTIONER – a creditor having a lien by virtue of an
authorized to take acknowledgments of conveyances of real
attachment, judgment, or mortgage on the property sold or on
property. Such certificate must be filed and recorded in the
some part thereof subsequent to the lien under which the registry of deeds of the place in which the property is
property was sold. situated, and the registrar of deeds must note the record
**they cannot redeem if the judgment debtor redeems. thereof on the margin of the record of the certificate of sale.
The payments mentioned in this and the last preceding
Sec. 28. Time and manner of, and amounts payable on, sections may be made to the purchaser or redemptioner, or
successive redemptions; notice to be given and filed. The for him to the officer who made the sale.
judgment obligor, or redemptioner, may redeem the
property from the purchaser, at any time within one (1) year Sec. 30. Proof required of redemptioner. A redemptioner
from the date of the registration of the certificate of sale, by must produce to the officer, or person from whom he seeks
paying the purchaser the amount of his purchase, with one to redeem, and serve with his notice to the officer a copy of
per centum per month interest thereon in addition, up to the the judgment or final order under which he claims the right
time of redemption, together with the amount of any to redeem, certified by the clerk of the court wherein the
assessments or taxes which the purchaser may have paid judgment or final order is entered; or, if he redeems upon a
thereon after purchase, and interest on such last named mortgage or other lien, a memorandum of the record
amount at the same rate; and if the purchaser be also a thereof, certified by the registrar of deeds; or an original or
creditor having a prior lien to that of the redemptioner, certified copy of any assignment necessary to establish his
other than the judgment under which such purchase was claim; and an affidavit executed by him or his agent, showing
made, the amount of such other lien, with interest. the amount then actually due on the lien.
Property so redeemed may again be redeemed within sixty
(60) days after the last redemption upon payment of the sum When ORIGNAL OWNER want to redeem the property from B,
paid on the last redemption, with two per centum thereon in there is no need for him to prove his right as a judgment debtor.
addition, and the amount of any assessments or taxes which
When REDEMPTIONERS
the last redemptioner may have paid thereon after
redemption by him, with interest on such last-named They must prove to the sheriff that they are qualified to redeem
amount, and in addition, the amount of any liens held by said by presenting:
last redemptioner prior to his own, with interest. The a. Copy of the judgment of final order under which he claims
property may be again, and as often as a redemptioner is so the right to redeem [certified by the CoC]
disposed, redeemed from any previous redemptioner within b. If he redeems upon a mort./lien à memorandum of the
sixty (60) days after the last redemption, on paying the sum record thereof certified by RD
paid on the last previous redemption, with two per centum c. Original/certified copy of the assignment
thereon in addition, and the amounts of any assessments or d. Affidavit showing the amount then actually due on the lien
taxes which the last previous redemptioner paid after the
redemption thereon, with interest thereon, and the amount Sec. 31. Manner of using premises pending redemption;
of any liens held by the last redemptioner prior to his own, waste restrained. Until the expiration of the time allowed for
with interest. redemption, the court may, as in other proper cases, restrain
Written notice of any redemption must be given to the officer the commission of waste on the property by injunction, on
who made the sale and a duplicate filed with the registry of the application of the purchaser or the judgment obligee,
deeds of the place, and if any assessments or taxes are paid with or without notice; but it is not waste for a person in
by the redemptioner or if he has or acquires any lien other possession of the property at the time of the sale, or entitled
than that upon which the redemption was made, notice to possession afterwards, during the period allowed for
thereof must in like manner be given to the officer and filed redemption, to continue to use it in the same manner in
with the registry of deeds; if such notice be not filed, the which it was previously used; or to use it in the ordinary
property may be redeemed without paying such assessments, course of husbandry; or to make the necessary repairs to
taxes, or liens. buildings thereon while he occupies the property.

2 Periods of Redemption

14 By: RJ MARTINEZ
II – LLB, EH 405, University of San Carlos – College of Law
 Civil procedure
Final Reviewer 1

The court may be asked to issue a writ of injunction to restrain to the judgment obligor. The judgment so revived shall have
the commission of waste on the property. the same force and effect as an original judgment would have
Notice may or may not be given to the other party. as of the date of the revival and no more.

NOT CONSIDERED WASTE REMEDY OF HIGHEST BIDDER WHEN 3RD PARTY CLAIM TURNS OUT
a. Continuing to use property in the same manner that it was TO BE VALID
previously used Recover money from obligee
b. Use it in the ordinary course of husbandry Have the judgment revived in his name and look for other
c. Make necessary repairs properties of the obligor to execute:
a. He lost possession of the property
Sec. 32. Rents, earnings and income of property pending b. He was evicted
redemption. The purchaser or a redemptioner shall not be c. There was irregularity in the proceedings
entitled to receive the rents, earnings and income of the d. The judgment has been reversed or set aside on appeal
property sold on execution, or the value of the use and e. The property sold was exempt from execution
occupation thereof when such property is in the possession f. 3rd person has validity of his claim of the property
of a tenant. All rents, earnings and income derived from the
property pending redemption shall belong to the judgment Sec. 35. Right to contribution or reimbursement. When
obligor until the expiration of his period of redemption. property liable to an execution against several persons is
sold thereon, and more than a due proportion of the
During the 1 year period to redeem, the Rentals, Earnings, and judgment is satisfied out of the proceeds of the sale of the
Income of the property accrues to the debtor à it only accrues property of one of them, or one of them pays, without a sale,
to the creditor/obligee when the 1 year period has expired. more than his proportion, he may compel a contribution
from the others; and when a judgment is upon an obligation
Sec. 33. Deed and possession to be given at expiration of of one of them, as security for another, and the surety pays
redemption period; by whom executed or given. If no the amount, or any part thereof, either by sale of his property
redemption be made within one (1) year from the date of the or before sale, he may compel repayment from the principal.
registration of the certificate of sale, the purchaser is entitled
to a conveyance and possession of the property; or, if so Sec. 36. Examination of judgment obligor when judgment
redeemed whenever sixty (60) days have elapsed and no unsatisfied. When the return of a writ of execution issued
other redemption has been made, and notice thereof given, against property of a judgment obligor, or any one of several
and the time for redemption has expired, the last obligors in the same judgment, shows that the judgment
redemptioner is entitled to the conveyance and possession; remains unsatisfied, in whole or in part, the judgment
but in all cases the judgment obligor shall have the entire obligee, at any time after such return is made, shall be
period of one (1) year from the date of the registration of the entitled to an order from the court which rendered the said
sale to redeem the property. The deed shall be executed by judgment, requiring such judgment obligor to appear and be
the officer making the sale or by his successor in office, and examined concerning his property and income before such
in the latter case shall have the same validity as though the court or before a commissioner appointed by it, at a specified
officer making the sale had continued in office and executed time and place; and proceedings may thereupon be had for
it. the application of the property and income of the judgment
Upon the expiration of the right of redemption, the obligor towards the satisfaction of the judgment. But no
purchaser or redemptioner shall be substituted to and judgment obligor shall be so required to appear before a
acquire all the rights, title, interest and claim of the court or commissioner outside the province or city in which
judgment obligor to the property as of the time of the levy. such obligor resides or is found.
The possession of the property shall be given to the
purchaser or last redemptioner by the same officer unless a Sec. 37. Examination of obligor of judgment obligor. When
third party is actually holding the property adversely to the the return of a writ of execution against the property of a
judgment obligor. judgment obligor shows that the judgment remains
unsatisfied, in whole or in part, and upon proof to the
2 Documents in Relation to Execution Sales satisfaction of the court which issued the writ, that a person,
1. Certificate of Sale – given after auction sale; one used to corporation, or other juridical entity has property of such
register sale in the RD. judgment obligor or is indebted to him, the court may, by an
2. Deed of Conveyance – given after the 1 year period to order, require such person, corporation, or other juridical
entity, or any officer or member thereof, to appear before the
redeem expires; transfers ownership of the property.
court or a commissioner appointed by it, at a time and place
**if after the expiration of the period, the obligor refuses to within the province or city where such debtor resides or is
vacate, no more action for FE or UD is required, the court may found, and be examined concerning the same. The service of
be asked to issue a WRIT OF POSSESSION. the order shall bind all credits due the judgment obligor and
all money and property of the judgment obligor in the
Sec. 34. Recovery of price if sale not effective; revival of possession or in the control of such person, corporation, or
judgment. If the purchaser of real property sold on juridical entity from the time of service; and the court may
execution, or his successor in interest, fails to recover the also require notice of such proceedings to be given to any
possession thereof, or is evicted therefrom, in consequence party to the action in such manner as it may deem proper.
of irregularities in the proceedings concerning the sale, or Sec. 38. Enforcement of attendance and conduct of
because the judgment has been reversed or set aside, or examination. A party or other person may be compelled, by
because the property sold was exempt from execution, or an order or subpoena, to attend before the court or
because a third person has vindicated his claim to the commissioner to testify as provided in the two preceding
property, he may on motion in the same action or in a sections, and upon failure to obey such order or subpoena or
separate action recover from the judgment obligee the price to be sworn, or to answer as a witness or to subscribe his
paid, with interest, or so much thereof as has not been deposition, may be punished for contempt as in other cases.
delivered to the judgment obligor; or he may, on motion, Examinations shall not be unduly prolonged, but the
have the original judgment revived in his name for the whole proceedings may be adjourned from time to time, until they
price with interest, or so much thereof as has been delivered are completed. If the examination is before a commissioner,

15 By: RJ MARTINEZ
II – LLB, EH 405, University of San Carlos – College of Law
 Civil procedure
Final Reviewer 1

he must take it in writing and certify it to the court. All interest in real estate in the place in which proceedings are
examinations and answers before a court or commissioner had, as mortgagor or mortgagee or otherwise, and his
must be under oath, and when a corporation or other interest therein can be ascertained without controversy, the
juridical entity answers, it must be on the oath of an receiver may be ordered to sell and convey such real estate or
authorized officer or agent thereof. the interest of the obligor therein; and such sale shall be
conducted in all respects in the same manner as is provided
Sec. 36 for the sale of real estate upon execution, and the
Ask the court to render judgment to allow you to subpoena the proceedings thereon shall be approved by the court before
obligor to take the witness stand subject to questioning so that the execution of the deed.
you can discover where his properties are.
Obligee can levy on the rights of the obligor as a mortgagee or
Sec. 37 Redemptioner or repurchase.
Examine people whom you believe owe the obligor such as his The interests herein are property in themselves.
debtors so that you can discover all his collectibles and ask that
Sec. 43. Proceedings when indebtedness denied or another
the same be garnished.
person claims the property. If it appears that a person or
corporation, alleged to have property of the judgment obligor
Sec. 38 or to be indebted to him, claims an interest in the property
If they [party or other person] refuse to comply à they can be adverse to him or denies the debt, the court may authorize,
punished for contempt. by an order made to that effect, the judgment obligee to
institute an action against such person or corporation for the
Sec. 39. Obligor may pay execution against obligee. After a recovery of such interest or debt, forbid a transfer or other
writ of execution against property has been issued, a person disposition of such interest or debt within one hundred
indebted to the judgment obligor may pay to the sheriff twenty (120) days from notice of the order, and may punish
holding the writ of execution the amount of his debt or so disobedience of such order as for contempt. Such order may
much thereof as may be necessary to satisfy the judgment, in be modified or vacated at any time by the court which issued
the manner prescribed in section 9 of this Rule, and the it, or by the court in which the action is brought, upon such
sheriff’s receipt shall be a sufficient discharge for the amount terms as may be just.
so paid or directed to be credited by the judgment obligee on
the execution. i.e. A has a judgment against B. B cannot find any property of B.
C is rumored to owe B money. B denies the allegation.
i.e. Bank in garnishment. A can file a collection suit against C in behalf of B [in a
Bank is a debtor of the judgment obligor [since he has a bank representative capacity].
account therein]. If the deposits are garnished and delivered to
judgment obligee, Bank is no longer indebted to the judgment Sec. 44. Entry of satisfaction of judgment by clerk of court.
obligor. Satisfaction of a judgment shall be entered by the clerk of
court in the court docket, and in the execution book, upon
Sec. 40. Order for application of property and income to the return of a writ of execution showing the full satisfaction
satisfaction of judgment. The court may order any property of the judgment, or upon the filing of an admission to the
of the judgment obligor, or money due him, not exempt from satisfaction of the judgment executed and acknowledged in
execution, in the hands of either himself or another person, the same manner as a conveyance of real property by the
or of a corporation or other juridical entity, to be applied to judgment obligee or by his counsel unless a revocation of his
the satisfaction of the judgment, subject to any prior rights authority is filed, or upon the endorsement of such
over such property. admission by the judgment obligee or his counsel on the face
If, upon investigation of his current income and expenses, it of the record of the judgment.
appears that the earnings of the judgment obligor for his
personal services are more than necessary for the support of Sec. 45. Entry of satisfaction with or without
his family, the court may order that he pay the judgment in admission. Whenever a judgment is satisfied in fact, or
fixed monthly installments, and upon his failure to pay any otherwise than upon an execution, on demand of the
such installment when due without good excuse, may punish judgment obligor, the judgment obligee or his counsel must
him for indirect contempt. execute and acknowledge, or indorse, an admission of the
satisfaction as provided in the last preceding section, and
if upon examination/investigation it is found out that the earnings after notice and upon motion the court may order either the
of the debtor is more than enough for the necessary support of judgment obligee or his counsel to do so, or may order the
his family à court may order that he pay the judgment in fi entry of satisfaction to be made without such admission.
monthly installments.
If he fails to pay any installment à indirect contempt. SATISFACTIN OF JUDGMENT
The compliance of with or fulfillment of the mandate or the
Sec. 41. Appointment of receiver. The court may appoint a judgment.
receiver of the property of the judgment obligor; and it may As opposed to execution, here the obligor complies with the
also forbid a transfer or other disposition of, or any judgment voluntarily.
interference with, the property of the judgment obligor not
exempt from execution. Satisfaction shall be entered by the CoC in the court docket and
the execution book upon either of the ff:
Court may appoint a receiver who is an officer of the court who a. The return of the sheriff showing full satisfaction of the
will manage the property of the litigants ending litigation. judgment;
Purpose à to preserve the property by placing it in the hands of b. Filing of admission by the judgment obligee or by his
the court to remove it from the control of a party because he counsel;
may dispose of it. c. Endorsement of such admission by the judgment obligee or
his counsel on the face of the record of the judgment
Sec. 42. Sale of ascertainable interest of judgment obligor in
real estate. If it appears that the judgment obligor has an

16 By: RJ MARTINEZ
II – LLB, EH 405, University of San Carlos – College of Law
 Civil procedure
Final Reviewer 1

The judgment obligor, upon satisfaction, shall have the right to 1. SAME EVIDENCE Test – if evidence will not suffice in one
demand the obligee or his counsel to admit the satisfaction or case and sufficient in another, there is a different cause of
indorse the same. action.
Notice and motion the court may compel the obligee to do 2. INCONSISTENCY Test – if the judgment that will be rendered
so or may order entry of satisfaction made without admission is inconsistent, then there is Res Judicata à you are trying
to change what has already been rendered.
Sec. 46. When principal bound by judgment against 3. Cause of action only arose after judgment in the other
surety. When a judgment is rendered against a party who [Guevarra v Benito].
stands as surety for another, the latter is also bound from the
time that he has notice of the action or proceeding, and an [RJ] is applicable in quasi-judicial proceedings but not it criminal
opportunity at the surety’s request to join in the defense. proceedings (double jeopardy).
RJ should not be mechanically and uncaringly applied. It cannot
Judgment against surety also binds the principal party from the be rigidly applied when it results to injustice.
time he has notice of the action or proceeding and an
opportunity at the surety’s request to join in the defense. LAW OF THE CASE – legal conclusions announce on a 1st appeal
not only prescribe the duty and limit the power of the trial court
Sec. 47. Effect of judgments or final orders. The effect of a to strict obedience and conformity thereto, but they become
judgment or final order rendered by a court of the and remain the law of the case in all after steps, whether in the
Philippines, having jurisdiction to pronounce the judgment lower court or in the appellate court on a subsequent appeal
or final order, may be as follows:
(a) In case of a judgment or final order against a specific STARE DECISIS – the decision of a court [SC] should stand as
thing, or in respect to the probate of a will, or the precedents for future guidance à to attain stability and judicial
administration of the estate of a deceased person, or in
order.
respect to the personal, political, or legal condition or status
a.k.a. “Trodden path”
of a particular person or his relationship to another, the
judgment or final order is conclusive upon the title to the But while the trodden path is best, this cannot prevent the
thing, the will or administration, or the condition, status or court from opening a fresh trial or exploring the other side or
relationship of the person; however, the probate of a will or testing a new idea in a spirit of continuing inquiry [courts
granting of letters of administration shall only be prima facie cannot be a slave forever to precedents].
evidence of the death of the testator or intestate;
(b) In other cases, the judgment or final order is, with Sec. 48. Effect of foreign judgments or final orders.
respect to the matter directly adjudged or as to any other The effect of a judgment or final order of a tribunal of a
matter that could have been raised in relation thereto, foreign country, having jurisdiction to render the judgment
conclusive between the parties and their successors in or final order is as follows:
interest by title subsequent to the commencement of the (a) In case of a judgment or final order upon a specific thing,
action or special proceeding, litigating for the same thing and the judgment or final order is conclusive upon the title to the
under the same title and in the same capacity; and thing; and
(c) In any other litigation between the same parties or their (b) In case of a judgment or final order against a person, the
successors in interest, that only is deemed to have been judgment or final order is presumptive evidence of a right as
adjudged in a former judgment or final order which appears between the parties and their successors in interest by a
upon its face to have been so adjudged, or which was actually subsequent title.
and necessarily included therein or necessary thereto. In either case, the judgment or final order may be repelled by
evidence of a want of jurisdiction, want of notice to the party,
CONCEPTS OF RES JUDICATA [RJ] collusion, fraud, or clear mistake of law or fact.
a) BAR BY PRIOR JUDGMENT – bars prosecution of a 2nd action
upon the same claim, demand, or cause of action. If a foreign judgment is upon a SPECIFIC THING à conclusive
- There are actually 2 judgments: 1st judgment bars all upon the parties.
matters directly adjudged as well as matters that might If against a person à presumptive evidence of a right as
have been adjudged. between the parties; prima facie evidence of justness of the
- There must be identity of parties, subj. matter, and claim.
cause of action.
b) CONCLUSIVENESS OF JUDGMENT – a fact or question w/c ENFORCING A FOREIGN JUDGMENT
was in issue in a former suit and was there judicially passed File a case against the same defendant here.
upon and determined by a court of competent jurisdiction, Cause of action à enforcement of a foreign judgment.
is conclusively settled by the judgment therein as far as the Philippine court will render judgment enforcing it and you can
parties to that action and actions in privity with them are execute.
concerned.
- The 1st judgment is conclusive only on matters actually In either case, judgment or final order may be repelled by
litigated and adjudged in the 1st action. evidence of:
- Identity of causes of action is not necessary. a. Want of jurisdiction
b. Want of notice
ELEMENTS OF [RJ] c. Collusion
1) Former judgment must be FINAL d. Fraud
2) Court w/c rendered it had JURISDICTION e. Clear mistake of law or fact
3) Judgment must be on the MERITS
4) Between the 1st and 2nd actions, there must be IDENTITY of
parties, subject matter, and causes of action. xxx xxx xxx END xxx xxx xxx
*Substantial identity of parties will suffice i.e. when there is
community of interest or privity of interest between a party in the
1st and 2nd Enjoy!
Tests to Determine Same Cause of Action

17 By: RJ MARTINEZ
II – LLB, EH 405, University of San Carlos – College of Law