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Rule 39EXECUTION, SATISFACTION ANDEFFECT OF JUDGMENTS Rule 39 is on the subject of Execution, Satisfaction and Effect of Judgments.

This is the longest rulei n t h e s t u d y o f C i v i l P r o c e d u r e . T a k e n o t e t h a t t h e r e a r e 4 8 S e c t i o n s . L e t u s f i r s t r e v i e w t h e fundamentals.Q: Define execution.A: EXECUTION is the remedy provided by law for the enforcement of a judgment. (21 Am. Jur. 18)It is the fruit and the end of the suit and is very aptly called the life of the law (PAL vs. Court of Appeals,181 SCRA 557).It would be useless if there is judgment but you cannot enforce the same. When you receive thedecision of court in your favor, what will you do with that? If there is no way to enforce that decision, i-laminate mo na lang yan. Useless eh!Q: Who will enforce the judgment?A: The very same court which rendered the judgment.Q: How is execution generally done?A: It is generally done by filing a motion for execution by the prevailing party and the court will thenissue an order of execution, which will be followed with a writ of execution, and the sheriff will enforcethe judgment.So, we file a motion in court after the judgment has become final and executory.Q: How can the court issue the order when it has already lost jurisdiction over the case? becausefrom what we have learned here is that, one of the effects of the finality of judgment is that the courtloses jurisdiction over the case. And when the court loses jurisdiction, it can no longer act on the case.So, how can it still issue orders in that case when actually, once the judgment becomes final andexecutory, the trial court loses jurisdiction over the case and it can no longer act in that case?A: What is meant by that statement is that, the court can no longer change the judgment. That iswhy new trial and reconsideration is not anymore available in this stage. The judgment is beyond thepower of the court to change or alter.BUT definitely the court can act on that case for the purpose of enforcing its judgment because it isabsurd to claim that a trial court has the power to try and hear a case but once the judgment hasalready become final, it has no more power to enforce it. If you will really describe jurisdiction in itscomplete aspect, we can say jurisdiction is the power of the court to act on the case, to try, to decideand to enforce its judgment. That would be more complete. Because enforcement is part of thecourt's jurisdiction.Q: Against whom shall the execution issue?A: Generally, execution can issue only against a (losing) party to the case and not against one whois a complete stranger because majority of judgments are in personam . They are only enforceableagainst the parties themselves or their successors-ininterest people who derive their rights from him.And a judgement can never be enforced against a complete stranger who never had his day in court.(Cruzcosa vs. Concepcion, 101 Phil. 146; Castaeda vs. De Leon, 55 O.G. 625, Jan. 26, 1959;Bacolod vs. Enriquez, 55 O.G. 10545, Dec. 21, 1959)