A Motion for new trial, or for reconsideration of a judgment, or for reopening of trial, is a prohibited pleading under Section 19 of the Revised Rule on Summary Procedure. This rule, however, applies only where the judgment sought to be reconsidered is one rendered on the merits. "The motion prohibited by this Section is that which seeks reconsideration of the judgment rendered by the court after trial on the merits of the case."
Section7. Partial new trial or reconsideration when issues severable
Section 8. Effect of order for partial new trial
EFFECTS OF AN ORDER FOR PARTIAL NEW TRIAL
1. enter a judgment or final order as to the rest of the issues, or
2. stay the enforcement of such judgment Section 9. Remedy against order denying a motion for new trial or reconsideration is appeal from the judgment
RULE 38
RELIEF FROM JUDGMENTS, ORDERS, OR OTHER PROCEEDINGS
Section 1. Petition for relief from judgment, order, or other proceedings
Section 2. Petition for relief from denial of appeal
GROUNDS FOR PETITION FOR RELIEF
1. Judgment or final order entered against a party by FAME; or
2. Judgment or final order is rendered and party has been prevented by FAME from taking an appeal
Æ For fraud to be extrinsic, the losing party must
never have had a chance to controvert the adverse party’s evidence.
Æ Uniform procedure for relief from judgments of MTC and RTC
After petition is filed, court shall order adverse parties to answer within 15 days from receipt. After answer is filed or expiration of period therefore, court shall hear the petition.
If granted, judgment set aside and court shall proceed as if timely motion for new trial has been granted; if granted against denial of appeal, court shall give due course to appeal.
NEW TRIAL/
RECONSIDERATION RELIEF FROM JUDGMENT
Must be filed within the
appeal period. Judgment not yet final.
Judgment is final within 60 days after petitioner learns of the judgment to be set aside and within 6 months after such judgment is entered.
A legal right More on equity FAME + Newly
Discovered Evidence FAME only
Judgment on final order Relief from judgment/order on other proceeding
Section 3. Time for filing petition; contents and verification
Filed within 60 days after learning of judgment
Not more than 6 months after such judgment FORM AND CONTENTS OF THE PETITION
1. The petition for relief must be verified;
2. It must be supported by affidavit showing the FAME relied upon; and
3. The affidavit of merit accompanying the petition must also show facts constituting the petitioner’s good or substantial cause of action or defense.
An affidavit of merit serves as the jurisdictional basis for the court to entertain a petition for relief. However, it is not a fatal defect to warrant denial of the petition so long as the facts required to be set out also appear in the verified petition.
Party who has filed a timely motion for new trial cannot file a petition for relief after the former is denied. The two remedies are exclusive of one another.
Section 4. Order to file an answer
If petition is sufficient in form and substance to justify relief, court shall issue an order requiring adverse parties to file answer within 15 days from receipt of the notice.
Basco v. CA 326 SCRA 768 (2000)
In view of the peculiar circumstance of this case, such that the defective notice of hearing on petitioner’s motion for reconsideration was due to the day-long brownouts that plagued the metropolis, counsel’s failure to specify the date and time for hearing of petitioner’s motion for reconsideration should rightly be deemed excusable negligence.
Section 5. Preliminary injunction pending proceedings
PURPOSE
This is to preserve the rights of the parties.
Preliminary Injunction is granted upon filing of the petitioner of the BOND in favor of adverse party. Such injunction shall not operate to discharge or extinguish any lien which the adverse party may have acquired upon the property of the petitioner.
Section 6. Proceedings after answer is filed
(a) Hearing to determine whether the judgment be set aside
(b) If in the affirmative, a hearing on the merits of the case
WHEN TRIAL ON THE MERITS NOT NECESSARY 1. When relief sought may be the allowance of
an appeal after the expiration of the period to appeal.
2. When relief sought may be the staying of immediate execution due to FAME.
Section 7. Procedure where the denial of an appeal is set aside
The lower court shall be required to give due course to the appeal and to elevate the record of the appealed cases as if a timely and proper appeal had been made.
RULE 39
EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS
Section 1. Execution upon judgments or final orders
WHEN EXECUTION IS A MATTER OF RIGHT 1. On motion;
2. Upon judgment or order that disposes of the action or proceeding;
3. Upon expiration of the period to appeal therefrom and no appeal has been duly perfected;
4. When appeal has been duly perfected and resolved, by filing a motion with the court of origin submitting true copies of the final judgment or final order sought to be enforced. If the court of origin refuses to issue a writ of execution, the appellate court may, on motion, direct the court of origin to issue the writ.
FINAL JUDGMENTS FINAL AND EXECUTORY JUDGMENTS
Dispose of, adjudicate, or determine the rights of parties
Becomes final & excecutory by operation of law
Still subject to appeal After lapse of period to appeal and no appeal was perfected, no further action can be had
Execution of judgment not
a matter of right Execution of judgment a matter of right JUDGMENTS AND FINAL ORDERS THAT MAY BE EXECUTED AS A MATTER OF RIGHT BEFORE EXPIRATION OF TIME TO APPEAL
1. Forcible entry and detainer
2. Injunction, receivership, accounting and support
3. Award, judgment, final order, or resolution of quasi-judicial agencies Æ appealable to CA INTERLOCUTORY ORDER THAT MAY BE EXECUTED
Support pendente lite
JUDGMENTS THAT ARE NOT APPEALABLE: 1. Sin perjuico judgments
(judgment, w/o any stated facts in support of the conclusion)
2. Conditional judgments 3. Incomplete judgments
GENERAL RULE: Trial Court has a ministerial duty to order execution of final and executory judgments. It cannot refuse execution and is compellable by Mandamus.
EXCEPTIONS:
1. Change in the situation of the parties which makes the execution inequitable or unjust; 2. Writ of execution varies judgment;
3. Controversy has never been submitted to the judgment of the court;
4. Execution is sought against property exempt from execution
5. Terms of the judgment not clear; leaves room for interpretation;
6. Writ of execution improvidently issued, defective in substance, issued against the wrong party, judgment debtor has been paid or otherwise satisfied, writ has been issued w/o authority.
In the above exceptions, remedy is certiorari under Rule 65.
WHEN EXECUTION OF FINAL AND EXECUTORY JUDGMENT MAY BE ENJOINED
1. Upon filing of a petition for relief from judgment
2. Attack against a judgment which is void for lack of jurisdiction, or obtained through fraud 3. On equitable grounds
4. In cases falling under the (6) exceptions above
Judgment novated by a subsequent agreement cannot be executed.
• e.g. agreement entered into by the parties other than terms of payment
Judgment for support is not final in a sense that it cannot be modified.
• Support depends not only on the varying conditions affecting the ability of the obligor to pay, but also upon the ever-changing needs of the beneficiary himself.
GENERAL RULE: Final and executory judgment cannot be amended or modified
• Any amendment w/c substantially affects a final and executory judgment is null and void for lack of jurisdiction
EXCEPTION: JUDGMENT MAY BE MODIFIED AS TO:
1. clerical errors or mistakes;
CLERICAL ERROR JUDICIAL ERROR
Errors not the result of exercise of judicial functions
Mistake relates to something the court did not consider or pass on, or
considered and erroneously decided
May be modified, corrected even after judgment has become final and executory
Cannot be modified Æ must be done in another case/suit
2. to clarify ambiguity; or 3. to enter nunc pro tunc orders
- to make a present record of an order w/c the court rendered at a previous term but, by inadvertence has not been entered.
A final and executory judgment can no longer be amended by adding thereto relief not originally included e.g. award of ownership does not necessarily include possession
Section 2. Discretionary execution
WHEN ISSUANCE OF WRIT OF EXECUTION IS DISCRETIONARY
1. Execution pending appeal
(a) While trial court has jurisdiction over the case and is in possession of either the original record or record on appeal;
(b) When trial court has lost jurisdiction but has not transmitted records of the case to the appellate court;
(c) When trial court has lost jurisdiction and has transmitted recordsÆ motion for execution pending appeal with appellate court
2. Execution of several, separate or partial judgments
SEVERAL
JUDGMENTS SEPARATE/PARTIAL JUDGMENTS
Rendered against one or more of several defendants, leading the action to proceed against others
Rendered at any stage of the action regarding a particular claim, leaving the action to proceed as to the remaining claims
DISCRETIONARY
EXECUTION MATTER OF RIGHT EXECUTION AS A
May issue before the lapse of period to appeal
Issued when period to appeal has already lapsed and no appeal has been perfected
Discretionary upon the court; there is inquiry on whether there is good reason for execution
Ministerial duty of the
provided there are no
supervening events REQUISITES FOR EXECUTION PENDING APPEAL
1) On motion by the prevailing party, with notice to the adverse party;
2) Good reasons for issuing execution; and 3) The good reasons must be stated in a special
order.
Examples of good reasons
1) Where education of a person to be supported would unduly be delayed
2) The immediate execution of an order to support is valid
3) The judgment debtor is insolvent, except when a co-defendant is solvent and his liability is subsidiary
What are not good reasons:
1) the mere fact that a claim is not secured, w/o any allegation that the defendant is insolvent or is about to dispose of his properties 2) Where the reason given is that an appeal is
frivolous or dilatory, the trial judge may not rightfully determine the same
3) Mere posting of a bond
Award for actual and compensatory damages may be ordered executed pending appeal, but not moral and exemplary damages.
Moral and exemplary damages depends on actual result of the appeal
Execution pending appeal is not applicable in land registration proceedings
Section 3. Stay of discretionary judgment
Stay of execution may be allowed at the discretion of the court by filing a supersedeas bond
SUPERSEDEAS BOND
It is one filed by a petitioner and approved by the court before judgment becomes final and executory and conditioned upon the performance of the judgment appealed from in case it be affirmed wholly or in part.
The supersedeas bond guarantees satisfaction of the judgment in case of affirmance on appeal, not other things like damage to property pending the appeal. Aside from the supersedeas bond, an aggrieved party may file a special civil action of certiorari under Rule 65 against the order granting execution pending appeal where the same is not founded upon good reasons.
This remedy may be availed of notwithstanding the fact that 1) he has appealed from the judgment, or 2) has filed a supersedeas bond.
Section 4. Judgments not stayed by an appeal The following judgments are immediately executory, enforceable after their rendition and shall not be stayed by an appeal, unless otherwise ordered by the trial court:
1. Injunction; 2. Receivership; 3. Accounting; 4. Support; and
5. Such other judgments declared to be immediately executory unless otherwise ordered by the trial court.
Section 5. Effect of reversal of executed judgment The trial court may, on motion, issue restitution or reparation in an event of a reversal after a petition for relief under Rule 38, or annulment of judgment under Rule 47 is granted
How restitution is made. Effects of reversal, modification.
COMPLETE SPECIFIC RESTITUTION
REVERSAL
Modified
judgment Creditor may not be compelled to make specific restitution; He can be required to restore the excess realized upon the execution over and above the amount finally awarded
Sale by sheriff to
a 3rd person Sale is not affected by reversal; title of 3rd person is protected,
except when there is want of jurisdiction over the subject matter
Sale of a creditor to himself in a public sale
He may be required to surrender the property
Sale to a creditor, but subsequently sold to a 3rd party
Creditor may be required to account for the value received by virtue of the sale to the 3rd party; title of 3rd party is protected,
unless writ of execution is absolutely void, where:
- execution upon a void judgment
- judgment has been paid
- execution levied on wrong party
Section 6. Execution by motion or by independent action.
A final and executory judgment or order may be executed:
1) On motion, w/in 5 years from entry; or
2) By filing another action w/in 10 years from entry
Lifespan of writ of execution= 5 years
A revived judgment is again enforceable by motion w/in 5 years and thereafter, by another action w/in 10 years from finality of the revived judgment, not the original judgment
EXECUTION OF A JUDGMENT BY COMPROMISE WITH A TERM
If a compromise agreement w/ a term suspends the enforceability of a final judgment, the 5 year/10 year period must be counted from the end of such term, not from the date of entry
REVIVAL OF A JOINT AND SEVERAL JUDGMENT A judgment rendered against several defendants, jointly and severally, can be revived against one of them only.
WHEN 5/10 YEAR PERIOD SUSPENDED
1) When the enforceability of a final decision is suspended by the court;
2) When the 5 year period is interrupted or suspended by agreement of the parties
3) When the judgment creditor institutes supplementary proceedings to the execution 4) When delays are caused by judgment
obligor’s own initiatives and for her advantage A valid execution issued and levied w/in the 5 year period may be enforced by sale even after the lapse of the said period
The levy is the essential act by which the property is set apart for satisfaction of judgment
However, the execution sale must take place w/in the 10 year period
WHEN 5 AND 10 YEAR PERIODS NOT APPLICABLE
1) Judgment for support - does not prescribe
- may still be enforced by motion even after the 5 year period
2) Special proceedings
- e.g. land registration proceedings
NOTE: An action for support does not prescribe and may still be enforced by motion even after the lapse of 5 year period since the obligation is a continuing one. The court never loses jurisdiction to enforce such. VENUE OF ACTION FOR ENFORCEMENT OF JUDGMENT
personal action Æ where plaintiff resides or defendant resides, at the election of the plaintiff; real action Æ where the property is located
DEFENSES AVAILABLE IN AN ACTION FOR ENFORCEMENT OF JUDGMENT prescription satisfaction of claim counterclaims JURISDICTION TO CHANGE, ALTER, MODIFY JUDGMENT JURISDICTION TO ENFORCE JUDGMENT
Terminates when the judgment becomes final
Continues even after judgment has become final, for purposes of execution and enforcement Governed by Rule 39,
Section 1 Governed by Rule 39, Section 6 Section 7. Execution in case of death of party.
This section applies when a party dies after rendition of judgment, before or after entry.
A judgment of foreclosure of mortgage is enforceable by execution against the executor or administrator whether the judgment obligor died before or after entry of judgment.
Section 8. Issuance, form, and contents of a writ of execution.
The motion for execution and the writ of execution must state specifically the amount of interest, costs, damages, rents, or profits due as of the date of issuance of the writ, aside from the principal obligation
Special sheriffs for the service of writ of execution are not authorized by law.
The writ of execution must conform to the judgment to be executed, otherwise it is null and void.
Execution will issue in any case
An appeal is the remedy for an order denying the issuance of a writ of execution.
DEATH OF A OBLIGEE
Upon application of his executor, administrator, or successor- in-interest
DEATH OF A OBLIGOR
Death Before Levy:
1. Action for recovery of real or personal property or any lien - execution will issue 2. Action for a sum of money –
execution will NOT issue. In this case, the judgment obligee should file claim against the estate of the judgment obligor under Rule 86.
Death After Levy: execution will issue since the property is already separated from the estate of the deceased and is deemed in custodia legis.
Against his executor, administrator, or successor- in-interest
GROUNDS FOR QUASHING A WRIT OF EXECUTION:
1) writ of execution varies judgment;
2) change in the situation of the parties making execution inequitable and unjust;
3) execution sought to be enforced against property exempt from execution;
4) controversy has never been submitted to the judgment of the court;
5) terms of judgment are not clear and there remains room for interpretation;
6) writ of execution is improvidently issued, defective in substance, issued against the wrong party, judgment debt has been paid, or writ issued without authority
Section 9. Execution of judgments for money, how enforced
3 WAYS TO ENFORCE A JUDGMENT FOR MONEY 1. Immediate payment on demand
‐ judgment obligor shall pay in cash, certified bank check payable to the judgment obligee, or any other form of payment acceptable to the latter
‐ payment made to the judgment obligee or his representative, or if not present, to the sheriff, or if
‐ not practicable, to a fiduciary account 2. satisfaction by levy
LEVY
An act by which an officer sets apart or appropriates a part or whole of the property of the judgment debtor for purposes of the execution sale.
The officer shall levy upon properties of the judgment obligor not otherwise exempt from execution
Judgment obligor exercises option to chose w/c property levied upon; if not exercised, officer shall levy 1st on personal property, then on real property The sheriff shall sell only property
sufficient to satisfy the judgment and other lawful fees.
The on execution creates a lien in favor of the judgment obligee over the right, title, and interest of the judgment
obligor in such property at the time of the levy, subject to liens and
encumbrances then existing. 3. garnishment of debts and credits
GARNISHMENT
An act of appropriation by the court when property of debtor is in the hands of third persons.
‐ The sheriff may levy on debts due to debtor, or other credits, including bank deposits, financial interests, royalties, commissions and other personal property, not capable of manual delivery in the possession or control of 3rd parties ‐ Notice served on 3rd party (garnishee) GENERAL RULE: All property belonging to judgment obligor not exempt from execution may be attached. EXCEPTIONS:
1) Usufruct
2) Ascertainable interest in real estate as mortgagor, mortgagee, or otherwise
3) Unused balance of an overdraft account (credit not subject to garnishment)
Levy on personal property may be actual or