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RULE 39 EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS Section 1. Execution upon judgments or final orders
Execution shall issue as a matter of right, on motion, upon a judgment or order that disposes of the action or proceeding upon the expiration of the period to appeal therefrom if no appeal has been duly perfected. If the appeal has been duly perfected and finally resolved, the execution may forthwith be applied for in the court of origin, on motion of the judgment obligee, submitting therewith certified true copies of the judgment or judgments or final order or orders sought to be enforced and of the entry thereof, with notice to the adverse party. The appellate court may, on motion in the same case, when the interest of justice so requires, direct the court of origin to issue the writ of execution.
• Section 1 talks of execution as a matter of right
• Execution as a matter of right happens when the judgment or final order is final and executory o Meaning, period to appeal has already lapsed
• Where do you apply for the writ of execution?
o In the court that originally rendered judgment.
o It is the court of origin that issues the writ.
If the case went up on appeal and the appellate court rendered a final and executory judgment, where do you apply?
• Still in the case that originally rendered judgment. You have to give the certified copy of the judgment to the court and to the adverse party.
o Can you apply for the writ in the appellate court?
Yes, but only when the interest of justice so requires. The appellate court will NOT issue the writ, but it will direct the court of origin to issue it.
o So, when can the appellate court issue the writ itself?
When it exercises original jurisdiction.
• Court can NOT issue execution in interlocutory orders.
o EXCEPT:
When a party claims that he is an indigent, and he is discovered not to be one – execution can be had to enforce the fees he was supposed to pay
Support pendente lite (Rule 61, Sec 5)58
• Whether it be a matter of right or discretion, a writ of execution can only be issued UPON MOTION of the winning party. (see Sec 5).
o EXCEPT in labor cases where the decision of the LA is immediately executory, no need for writ or motion (Garcia v PAL)
• Whether it be a matter of right or discretion, the writ must conform to the dispositive portion of the judgment.
Sec. 2. Discretionary execution.
(a) Execution of a judgment or final order pending appeal.— On motion of the prevailing party will notice to the adverse party filed in the trial court while it has jurisdiction over the case and is in possession of either the original record or the record on appeal, as the case may be, at the time of the filing of such motion, said court may, in its discretion, order execution of a judgment or final order even before the expiration of the period to appeal. After the trial court has lost jurisdiction, the motion for execution pending appeal may be filed in the appellate court. Discretionary execution may only issue upon good reasons to be stated in a special order after due hearing.
(b) Execution of several, separate or partial judgments.— A several separate or partial judgment may be executed under the same terms and conditions as execution of a judgment or final order pending appeal.
• Sec 2 talks of execution as a matter of discretion
58 Sec. 5. Enforcement of order. If the adverse party fails to comply with an order granting support pendente lite, the court shall, motu proprio or upon motion, issue an order of execution against him, without prejudice to his liability for contempt. When the person ordered to give support pendente lite refuses or fails to do so, any third person who furnished that support to the applicant may, after due notice and hearing in the same case, obtain a writ of execution to enforce his right of reimbursement against the person ordered to provide such support.
• When is execution a matter of discretion?
o When the judgment is final, meaning it is either:
pending appeal or
a several/partial judgment (while the other issues of the case are still being tried) o The distinction between a final judgment and one that is final and executory is essential,
so see the table which discussed the Intramuros case. (Rule 36, Sec 2) o A final judgment or order is one that finally disposes of a case.
• Requisites for an execution pending appeal/several/separate/partial judgments:
o TC must still have jurisdiction over the case o Must be within the appeal period
o Records or record on appeal are still with the trial court59 o Must be for good reasons
o The good reasons must be stated in a special order after due hearing
All of the requisites must concur!
And the presence of the records with the trial court is very important. It is possible that the appeal has been perfected (meaning a notice of appeal has been filed) but if the records are still with the trial court, execution pending appeal with the trial court can still be availed of. (Atty. Tranquil)
• Seen in Capa v CA (2006)
• On the requirement of good reasons o Examples of good reasons
Perishable goods to be executed upon o Examples of NOT good reasons
The mere filing of a bond (ISM v CA, 1999, since the filing of a bond is not required to apply for discretionary execution)
The conclusion of the trial court that the appeal is dilatory (since it is the appellate court which determines when an appeal is dilatory)
Admission of liability (Manacop v Equitable Bank, 2005, since the admission and willingness to deliver the proceeds to the proper party militate against execution pending appeal because there is little or no danger that the judgment will become illusory)
• Is discretionary execution available in election cases?
o Yes. But Sec 3 (staying the discretionary execution) is NOT available. (Navarro v COMELEC, 2003)
• Is discretionary execution available in final judgments against the government (like expropriation)?
o No, because disbursements of public funds must be covered by the corresponding appropriation as required by law. (Curata v PPA, 2009, where the private person wanted discretionary execution for just compensation in expropriation)
• Give the rule on execution on labor cases (Garcia v PAL, 2009, which was an illegal dismissal case wherein the LA order reinstatement).
o Upon decision of the LA, it’s immediately executory (even if appealed to the NLRC).
No need for writ.
Incumbent on the employer to comply with the LA decision in 10 days.
o If NLRC or higher courts reverse the decision of the LA, the wages of the employee can not be taken back. (unfair? Yes.)
• Is a full blown trial needed?
o No, codal says merely a hearing.
• What is the remedy for an order of execution pending appeal (either grant/denial)?
o Rule 65, Certiorari. It’s interlocutory.
Can you file this even while the original case is on appeal?
• Yes. You are attacking the order of execution, not the main case.
• So it’s not forum shopping.
Sec. 3. Stay of discretionary execution.
59 Read this rule with Rule 41, Sec 9
Discretionary execution issued under the preceding section may be stayed upon approval by the proper court of a sufficient supersede as bond filed by the party against whom it is directed, conditioned upon the performance of the judgment or order allowed to be executed in case it shall be finally sustained in whole or in part. The bond thus given may be proceeded against on motion with notice to the surety.
• How do you stay execution?
o If it’s execution as a matter of right, you can’t, even with a bond.
Unless you can get an injunction or TRO, claiming GADLEJ.
o If discretionary execution, by filing a supersedeas bond.
• Take note: no need for bond to apply for execution, but need for staying one.
• Stay of discretionary execution only applies in ordinary civil actions where the judgments and orders are capable of pecuniary estimation.
o Hence, it doesn’t apply to election cases since the underlying public interest renders a supersedeas bond insufficient. (Navarro v COMELEC)
Sec. 4. Judgments not stayed by appeal.
Judgments in actions for injunction, receivership, accounting and support, and such other judgments as are now or may hereafter be declared to be immediately executory, shall be enforceable after their rendition and shall not be stayed by an appeal taken therefrom, unless otherwise ordered by the trial court. 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.
• The following judgments are not stayed by appeal:
o injunction o receivership
o accounting and support
o other judgments declared as immediately executory o labor cases (Garcia v PAL)
• But on appeal, the appellate court may suspend, modify, restore or grant such in its discretion Sec. 5. Effect of reversal of executed judgment.
Where the executed judgment is reversed totally or partially, or annulled, on appeal or otherwise, the trial court may, on motion, issue such orders of restitution or reparation of damages as equity and justice may warrant under the circumstances.
Sec. 6. Execution by motion or by independent action.
A final and executory judgment or order may be executed on motion within five (5) years from the date of its entry. After the lapse of such time, and before it is barred by the statute of limitations, a judgment may be enforced by action. The revived judgment may also be enforced by motion within five (5) years from the date of its entry and thereafter by action before it is barred by the statute of limitations.
• GR: Motion for execution is INDISPENSABLE before the court can order execution – applies even to those immediately executory in nature.
o EXCEPT: orders of reinstatement in labor cases
• Hence, court can NOT motu proprio issue a writ of execution without motion of a party.
• When can you file a motion for execution?
o Within 5 years from entry of judgment, and
o Before it is barred by statute of limitations (10 years).
• If you go past the 5 years, you will need to file an independent action to execute. (revival of judgment)
o But take note that such revival of judgment still has to be within the prescriptive period.
• Modes to enforce judgment:
o Within 5 years: mere motion
o After 5 years: need to file an independent action
• On revival of judgment
o Revival of judgment can NOT alter the original judgment (Arcenas v CA, 2005)
o The nature of the original action to be revived dictates where to file the revival of
judgment. (Infante v Aran Builders, 2007, where a new court was established in the period between the time the original action [Makati] and the revival of judgment [Muntinlupa].
SC held: file in new court since it now had jd over the real property)
If it was a real action, then in the place where the property is situated.
If personal action, option of the plaintiff.
Sec. 7. Execution in case of death of party.
In case of the death of party, execution may issue or be enforced in the following manner:
(a) In case of the death of the judgment obligee, upon the application of his executor or administrator, or successor in interest;
(b) In case of the death of the judgment obligor, against his executor or administrator or successor in interest, if the judgment be for the recovery of real or personal property, or the enforcement of the lien thereon;
(c) In case of the death of the judgment obligor, after execution is actually levied upon any of his property, the same may be sold for the satisfaction of the judgment obligation, and the officer making the sale shall account to the corrsponding executor or administrator for any surplus in his hands.
• Execution in case of death:
o Obligee dies: executor/admin/successor in interest applies
o Obligor dies: execution against executor/admin/successor-interest, if judgment is recovery of real or personal property, or enforcement of lien
o Obligor dies after leavy effected: same sold for satisfaction of judgment obligation Sec. 8. Issuance, form and contents of a writ of execution.
The writ of execution shall: (1) issue in the name of the Republic of the Philippines from the court which granted the motion; (2) state the name of the court, the case number and title, the dispositive part of the subject judgment or order; and (3) require the sheriff or other proper officer to whom it is directed to enforce the writ according to its terms, in the manner herein after provided:
(a) If the execution be against the property of the judgment obligor, to satisfy the judgment, with interest, out of the real or personal property of such judgment obligor;
(b) If it be against real or personal property in the hands of personal representatives, heirs, devisees, legatees, tenants, or trustees of the judgment obligor, to satisfy the judgment, with interest, out of such properties;
(c) If it be for the sale of real or personal property, to sell such property, describing it, and apply the proceeds in conformity with the judgment, the material parts of which shall be recited in the writ of execution;
(d) If it be for the delivery of the possession of real or personal property, to deliver the possession of the same, describing it, to the party entitled thereto, and to satisfy any costs, damages, rents, or profits covered by the judgment out of the personal property of the person against whom it was rendered, and if sufficient personal property cannot be found, then out of the real property; and
(e) In all cases, the writ of execution shall specifically state the amount of the interest, costs, damages, rents, or profits due as of the date of the issuance of the writ, aside from the principal obligation under the judgment. For this purpose, the motion for execution shall specify the amounts of the foregoing reliefs sought by the movant.
Sec. 9. Execution of judgments for money, how enforced.
(a) Immediate payment on demand. - The officer shall enforce an execution of a judgment for money by demanding from the judgment obligor the immediate payment of the full amount stated in the writ of execution and all lawful fees. The judgment obligor shall pay in cash, certified bank check payable to the judgment obligee or his authorized representative if present at the time of payment. The lawful fees shall be handed under proper receipt to the executing sheriff who shall turn over the said amount within the same day to the clerk of court of the court that issued the writ. If the judgment obligee or his authorized representative is not present to receive payment, the judgment obligor shall deliver the aforesaid payment to the executing sheriff. The latter shall turn over all the amounts coming into his possesssion within the same day to the clerk of court of the court that issued the writ, or if the same is not practicable, deposit said amount to a fiduciary account in the nearest government depository bank of the Regional Trial Court of the locality. The clerk of court shall thereafter arrange for the remittance of the deposit to the account of the court that issued the writ whose clerk of court shall then deliver said payment to the judgment obligee in satisfactionn of the judgmen. The excess, if any, shall be delivered to the judgment obligor while the lawful fees shall be retained by the clerk of court for disposition as provided by law. In no case shall the executing sheriff demand that any payment by check be made payable to him.
(b) Satisfaction by levy. - If the judgment obligor cannot pay all or part of the obligation in cash,
certified bank check or other mode of payment acceptable to the judgment obligee, the officer shall levy upon the properties of the judgment obligor of every kind and nature whatsoever which may be disposed of for value and not otherwise exempt from execution giving the latter the option to immediately choose which property or part thereof may be levied upon, sufficient to satisfy the judgment. If the judgment obligor does not exercise the option, the officer shall first levy on the personal properties, if any, an then on the real properties if the personal properties are insufficient to answer for the judgment. The sheriff shall sell only a sufficient portion of the personal or real property of the judgment obligor which has been levied upon. When there is more property of the judgment obligor than is sufficient to satisfy the judgment and lawful fees, he must sell only so much of the personal or real property as is sufficient to satisfy the judgment and lawful fees. Real property, stocks, shares, debts, credits, and other personal property, or any interest in either real or persoanl property, may be levied upon in like manner and with like effect as under a writ of attachment.
(c) Garnishment of debts and credits. - The officer may levy on debts due the judgment obligor and other credits, including bank deposits, financial interests, royalties, commissions and other personal property not capable of manual delivery in the posssession or control of third parties. Levy shall be made by serving notice upon the person owing such debts or having in his possession or control such credits to which the judgment obligor is entitled. The garnishment shall cover only such amount as will satisfy the judgment and all lawful fees. The garnishee shall make a written report to the court within five (5) days from service of the notice of garnishment stating whether or not the judgment obligor has sufficient funds or credits to satisfy the amount of the judgment. If not, the report shall state how much funds or credits the garnishee holds for the judgment obligor. The garnished amount in cash, or certified bank check issued in the name of the judgment obligee, shall be delivered directly to the judgment obligee within ten (10) working days from service of notice on said garnishing requiring such delivery, except the lawful fees which shall be paid directly to the court. In the event there are two or more garnishees holding deposits or credits sufficient to satisfy the judgment, the judgment obligor, if available, shall have the right to indicate the garnishee or garnishees who shall be required to deliver the amount due; otherwise, the choice shall be made by the judgment obligee. The executing sheriff shall observe the same procedure under paragraph (a) with respect to delivery of payment to the judgment obligee.
• Execution of judgments are enforced by the sheriff. But before he does so, he must observe the following:
o Prepare an estimate of expenses to be incurred in executing the writ (must be court approved)
o Render an accounting
o Issue an OR for the total amount he received from the judgment obligor (Zamora v
o Issue an OR for the total amount he received from the judgment obligor (Zamora v