How a judgment is executed

a. Execution by motion or by independent action When may a judgment be executed by mere motion?

A final and executory judgment may be executed by mere motion within 5 years from the date of its entry (Rule 39, Sec. 6).

When may a judgment be executed by action? (Revival of judgment)

After the lapse of 5 years from the date of its entry, 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 mere motion within 5 years from the date of its entry and thereafter by action before it is barred by the statute of limitations (Rule 39, Sec. 6).

Venue of action for revival of judgment

If the action for revival of judgment affects title to or possession of real property, or interest therein, then it is a real action that must be filed with the court of the place where the real property is located. Venue depends on nature of judgment sought to be revived. (Infante vs. Aran

Builders, Inc., G.R. No. 156596, August 24, 2007)

When is the 5-year period deemed extended?

The 5 year period may be deemed extended where the delay is through no fault of the prevailing party but is due to the delay caused or occasioned by actions of the judgment obligor for his benefit or advantage (Camacho vs. CA, 287 SCRA 311 [1998]).

Mandatory execution

What judgments are immediately executory?

a. Judgments in actions for injunction, receivership, accounting, support. (IRAS) Such judgments shall not be stayed by an appeal therefrom unless otherwise stated by the trial court. Also, on appeal, the appellate court may make an order suspending, modifying, restoring or granting the injunction, receivership, accounting or award of support. (Rule 39, Sec. 4)

b. In forcible entry and unlawful detainer, if judgment is rendered against the defendant, execution shall issue immediately upon motion unless defendant complies with the requisites for staying execution (Rule 70, Sec. 19).

c. In forcible entry and unlawful detainer, the judgment of the RTC in aid of its appellate jurisdiction against the defendant shall be immediately executory, without prejudice to further appeal to the CA or SC (Rule 70, Sec. 21).

What is the remedy against improvident issuance of execution?

CERTIORARI lies against an order granting execution pending appeal when it is not founded on good reasons. Appeal is not a speedy and adequate remedy that can relieve the losing party of the immediate effects of an improvident execution pending appeal (BF Corp. vs. EDSA Shangri La Hotel and Resort, Inc., supra).

How shall the writ of execution be returned?

a. If the writ is satisfied The writ of execution shall be returnable to the court issuing it immediately after the judgment has been satisfied in part or in full. b. If the writ is not satisfied If the judgment cannot be satisfied in full within 30 days after issuance of the writ, the officer shall report to the court and state the reasons therefor (Rule 39, Sec. 14).

b. Issuance and contents of a writ of execution (Rule 39, Sec. 8)

The writ of execution is issued in the name of the Philippines and shall state: 1. The name of the court which granted the motion;

2. The case number;

3. The dispositive portion of the judgment or order subject of the execution; and 4. Shall require the sheriff or other proper officer to whom it is directed to enforce the writ according to its terms, in the manner hereinafter 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 property;

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 movants

What are the grounds to quash the writ of execution?

1. When the writ of execution varies the judgment;

2. When there has been a change in the situation of the parties making the execution inequitable or unjust;

3. When execution is sought to be enforced against a property exempt from execution;

4. When it appears that the controversy has never been submitted to the judgment of the court;

5. When the terms of the judgment are not clear enough and there remains room for interpretation thereof;

6. When it appears that the writ of execution has been improvidently issued 7. When it appears that the writ of execution is defective in substance, or is issued against the wrong party, or that the judgment debt has been paid or otherwise satisfied or the writ is issued without authority. (Reburiano v. CA, 301 SCRA 342).

c. Execution of judgments for money (Rule 39, Sec. 9) Three ways to enforce a judgment for money:

1. Immediate payment on demand 2. Satisfaction by levy

Note: The judgment obligor shall have discretion to choose which property to levy;

if not exercised, the officer shall levy first on personal property, then on real property. The sheriff shall only sell property sufficient to satisfy the judgment and other lawful fees.

3. Garnishment of debts and credits.

In executing a judgment for money, what steps shall the sheriff follow?

1. Immediate payment on demand. The officer shall demand from the obligor the