RULE 39 EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS

Section 1. Execution upon judgments or final orders Execution: a process provided by law for the enforcement of a final judgment Execution is the remedy afforded for the satisfaction of judgment Judgments and orders become final and executory by operation of law and not by judicial declaration

Losing party is made to indemnify thru: 1. Payment with interest 2. Levy and sale of personal property 3. Levy and sale of real property 4. Delivery of personal and real property General rule: it is a matter of right on the part of the winning party. The court cannot refuse execution. Unless: (when execution be denied) 1. Where the judgment turns out to be INCOMPLETE or conditional 2. Judgment NOVATED by parties 3. EQUITABLE GROUNDS like a change in situation of the parties which makes execution inequitable 4. Execution is ENJOINED 5. Judgment has become DORMANT, EXCEPT support which can be executed by motion 6. Execution is UNJUST or impossible 7. Judgment is rendered by voluntary compliance by the parties 8. Execution is sought more than 5 years from its entry without the judgment having been revived 9. When the execution is sought against property exempt from execution 10. When refusal to execute the judgment has become imperative in the interest of justice Quashal of writ of execution when proper 1. When the writ 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 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 judgments are not clear 6. If the writ has been improvidently issued 7. When it appears to be defective in substance or issued against the wrong party or judgment debt has been paid or otherwise satisfied or writs was issued without authority JUDGMENTS FINAL AND EXECUTORY Dispose of, adjudicate, or determine the rights of parties Still subject to appeal JUDGMENTS Becomes final & excecutory by operation of law After lapse of period to appeal and no appeal was perfected, no further action can be had Execution of judgment a matter of right

Against whom issued: execution can only be issued to an officer authorizing him to execute the judgment of the court. Writ of Execution: judicial writ issued to an officer authorizing him to execute the judgment of the court. Essential requisites of a Writ of Execution: (1) A writ of execution to be valid must conform strictly to the decision or judgment which gives it life (2) It cannot vary the terms of the judgment it seeks to enforce Writ of execution should conform to the dispositive portion of the decision to be executed and the execution is void if it is in excess of and beyond the original judgment or award The writ may not vary the terms of the judgment to be executed If the judgment does not provide for the payment of interest, the writ cannot modify the judgment by requiring the obligor to pay interest. That part of the writ imposing interest is void That a writ must conform to the judgment which is to be executed, substantially to the every essential particular thereof, it is settled After final judgment has been rendered, it is the duty of the court to enforce the judgment according to its terms

Final judgment or Order one which disposes of the whole subject matter or terminates the particular proceedings or action, leaving nothing to be done by the court but to enforce by execution what has been determined. Test to determine whether a judgment or order is final or interlocutory If the judgment or order leaves nothing more for the court to do with respect to the merits of the case, it is a final order. Otherwise, it is an interlocutory order. 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; There must be a motion to that effect and a hearing called for the purpose Motion for the issuance of a writ of execution must contain a notice to the adverse party Execution shall be applied for in the court of origin. If appeal has been duly perfected and finally resolved, execution may be applied for also in the court of origin on motion of the judgment oblige 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. No appeal may be taken from an order of execution by express provisions of the Rules. A party desiring to assail an order of execution may instead file an appropriate special civil action under Rule 65 Execution of judgment Execution is a matter of right after expiration of period to appeal and no appeal is perfected Discretionary execution upon good reasons stated in a special order after due hearing

Execution of judgment not 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 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 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

Sheriff enforces writ of execution

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; 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 Error in Judgment Mistake relates to something the court did not consider or pass on, or considered and erroneously decided Cannot be modified must be done in another case/suit

Posting of bond as reason for discretionary execution 1. The mere filing of a bond is not itself a good reason for ordering execution pending appeal, it is just an additional factor 2. If the mere posting of a bond is sufficient to justify execution pending appeal, judgments would be executed immediately once rendered, if all that the prevailing party needed was to post a bond. Immediate execution will then become the general rule rather than the exception Where to file an application for discretionary execution 1. Shall be filed with the TC while it has jurisdiction over the case and while 2. It is in possession of either the original record or record on appeal After the TC has lost jurisdiction, the motion for execution pending appeal may be filed in the appellate court Where the executed judgment is reversed or annulled, on appeal or otherwise, the TC may, on motion, issue such orders of restitution or reparation of damages as equity and justice may warrant under the circumstances

Execution of several, separate or partial judgments SEVERAL JUDGMENTS Rendered against one or more of several defendants, leading the action to proceed against others SEPARATE/PARTIAL JUDGMENT Rendered at any stage of the action regarding a particular claim, leaving the action to proceed as to the remaining claims Execution as a Matter of Right Issued when period to appeal has already lapsed and no appeal has been perfected Ministerial duty of the provided there are no supervening events

Clerical error Errors not the result of exercise of judicial functions

May be modified, corrected even after judgment has become final and executor

Discretionary Execution May issue before the lapse of period to appeal Discretionary upon the court; there is inquiry on whether there is good reason for execution

The dispositive portion of the decision is that part that becomes the subject of execution Exceptions: 1. Where there is ambiguity, the body of the opinion may be referred to for purposes of construing the judgment because the dispositive part of a decision must find support from the decisions ratio decidendi 2. Where extensive and explicit discussion and settment of the issue is found in the body of the decision Section 2. Discretionary execution WHEN ISSUANCE OF WRIT OF EXECUTION IS DISCRETIONARY 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 records motion for execution pending appeal with appellate court REQUISITES FOR EXECUTION PENDING APPEAL 1. On motion by the prevailing party, with notice to the adverse party; 2. There must be a hearing of the motion 3. Good reasons for issuing execution; and 4. The good reasons must be stated in a special order. A discretionary execution must be strictly construed because it is an exception to the general rule Where the execution is not in conformity with the rules, the execution is null and void

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 Certiorari will lie against an order granting execution pending appeal where the same is not founded upon good reasons 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. By the appellate court It can order the execution of judgment pending appeal for good reasons By the Trial Court May also do so in the exercise of its residual jurisdiction under Rule 41 and 42 Grounds: 1. Insolvency of the judgment debtor 2. Wastage of asset by judgment debtor Moral and exemplary damages depends on actual result of the appeal Execution pending appeal is not applicable in land registration proceedings

Frivolous appeal as reason for discretionary execution 1. Where the appeal is frivolous and dilatory, execution pending appeal cannot be justified because the authority to disprove an appeal pertains to the appellate court. Mere allegation that the appeal is dilatory is not a good reason to merit discretionary execution 2. It is not within the TC to rule that the appeal is patently dilatory and rely on the same as basis for finding good reasons to grant the motion. Only the appellate court can appreciate the dilatory intent of an appeal as an additional good reason in upholding an order for execution pending appeal

Section 3. Stay of discretionary judgment Stay of execution may be allowed at the discretion of the court by filing a supersedeas bond. The party against whom an execution is directed may file a supersedeas bond to stay discretionary execution. 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 is 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.

1) On motion, w/in 5 years from entry; or 2) By filing another action w/in 10 years from entry Execution by independent action if the 5 year period has elapsed and before it is barred by the statute of limitations If 5 year period has lapsed, there is a need for the prevailing party to file an independent action for the revival of the judgment before the action is barred by the statute of limitation An action to revive a judgment presupposes that the same can no longer be enforced by mere motion Action for revival of a judgment is no more than a procedural means of securing the execution of a previous judgment which has become dormant after the passage of 5 years without it being executed upon motion of the prevailing party An action to revive must be filed within the 10 year period from the date the judgment became final because an action to enforce a judgment prescribes in 10 years from the finality of judgment Action to revive a judgment in Sec. 6 R 39 is not the revival of judgment referred in Sec. 34 In Sec. 34, the revival of judgment is not sought for by the judgment obligee or the prevailing party. It is sought for the purchaser of a real property that was sold in an execution sale. The purchaser is allowed to file a motion in the same action or in a separate action for the purpose of recovering from the judgment obligee the price he paid. He may also file a motion to revive the judgment in his name to recover the price with interest The judgment has actually been executed The judgment to revive under Sec. 6 must be filed within 10 years from the date the judgment became final because an action to enforce a judgment prescribes in 10 years form the finality of the judgment. When a judgment is revived, such revived judgment may also be enforced by motion within 5 years from the date of its entry and thereafter by action is also before it is barred by statute of limitation Judgment has not been executed on motion within the 5 year period set by Rule 34 A revived judgment is deemed a new judgment separate and distinct from the original judgment. Hence, the 10 year period to revive the revived judgment shall commence to run from the date of finality of the revived judgment and not from the date of finality of the old, original judgment An action for revival is not intended to reopen any issue affecting the merits of the judgment debtors case nor the proprietary or the correctness of the first judgment The proper venue of an action for revival of judgments depends on the determination of whether the present action for revivial of judgment is a real or personal action

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. (Action for forcible entry and unlawful detainer); there must be notice and hearing The reason for the non-stay of judgment for support is because support is immediately needed and its delay may unduly prejudice the one in need of it.

The rule on immediate execution of judgment in an injunction case does not apply to a judgment in an action for prohibition.

STAY OF EXECUTION OF A JUDGMENT; EXCEPTIONS As a general rule, an appeal perfected in due time stays the execution of a judgment. Exceptions: 1. Those judgments which by express provision of the rules are immediately executor and are not stayed by an appeal 2. Those judgments that have become the object of discretionary execution 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 Reversal Modified judgment Specific Restitution 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 is not affected by reversal; title of 3rd person is protected, except when there is want of jurisdiction over the subject matter He may be required to surrender the property 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

Lifespan of writ of execution 5 years A revived judgment is again enforceable by motion within 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 obligors own initiatives and for her advantage

Sale by sheriff to 3rd person

Sale of a creditor to himself in a public sale Sale to a creditor, but subsequently sold to a 3rd party

Section 6. Execution by motion or by independent action. A final and executory judgment or order may be executed:

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

Death of the Obligee

Death of the Obligor

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 3) issuance of writs of Possession 4) contempt orders in unauthorized re-entry on the land by an ejected defendant 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 where plaintiff resides or defendant resides, at the election of the plaintiff; real action where the property is located DEFENSES AVAILABLE IN AN ACTION FOR ENFORCEMENT OF JUDGMENT prescription satisfaction of claim counterclaims

Execution will issue in any case upon application of his executor, administrator or successor-in-interest 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 successorin-interest

An appeal is the remedy for an order denying the issuance of a writ of execution. 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

Jurisdiction to change, alter, modify judgment Terminates when judgment becomes final Governed by Rule 39, Sec. 1

Jurisdiction to enforce judgment Continues even after judgment has become final, for purposes of execution and enforcement Governed by Rule 39, Sec. 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. If judgment obligee dies, execution may issue upon the application of his executor, administrator or successor in interest If judgment obligor dies, the execution shall issue against his executor or administrator, if the judgment be for the recovery of real or personal property, or the enforcement of a lien thereon. If the death occurs after execution is actually levied upon any of his property, the same may be sold for the satisfaction of the judgment obligation. If there be any surplus after the sale, the officer making the sale shall account to the corresponding executor or administrator Section 8. Issuance, form, and contents of a writ of execution. A writ of execution is issued in the name of the Republic of the Philippines and shall state the following: 1. name of the court which granted the motion 2. case number 3. dispositive portion of the judgment or order subject of the execution 4. shall require the sheriff or other proper officer to whom it is directed to enforce the writ according to its terms 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.

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) Garnishment shall be made by:

a. b.

Serving notice upon the third person having in possession or control of the credits in favour of the judgment obligor The third person or garnishee shall make a written report to the court within 5 days from service of the notice of garnishment stating whether or not the judgment obligor has sufficient finds to satisfy the judgment. If sufficient, the garnishee shall deliver the amount in cash or certified check shall be delivered directly to the judgment obligee within 10 working days from service of notice on said garnishee. The lawful fees shall be directly paid to the court. If the amount is insufficient, the garnishee shall make a report as to the amount he hold for the judgment obligor

3.

Comply the court can appoint some other person at the expense of the disobedient party and the act shall have the same effect as if the required party performed it

No time limit w/in which an order of demolition should be carried out; defeated party is given reasonable period to look for another place. ORDER OF DEMOLITION COULD BE ISSUED AFTER THE 5 YEAR PERIOD but writ of execution must be served w/in 5 years order of demolition ancillary to writ Certiorari is available if requirements for issuance of order of demolition are not followed Section 11. Execution of special judgment SPECIAL JUDGMENT A special judgment is one that can be complied with only by the judgment obligor himself. It requires the performance of any other act than payment of money, or the sale or delivery of real or personal property. Failure to comply with special judgment under Section 11 is punishable as contempt by imprisonment Section 12. Effect of Levy on execution as to third persons Section 13. Property exempt from execution PROPERTIES EXEMPT FROM EXECUTION 1) family home, or homestead, land necessarily used in connection therewith 2) ordinary tools and implements used in trade, employment, or livelihood 3) 3 horses, cows, carabaos, or other beast of burden necessarily used in his ordinary occupation 4) necessary clothing and articles for ordinary personal use, except jewelry 5) household furniture and utensils necessary for housekeeping P100K 6) Provisions for individual or family use sufficient for 4 months 7) Professional libraries and equipment 8) One fishing boat and accessories P100K used in livelihood 9) Salaries, wages, or earnings as are necessary for support of family w/in 4 months preceding levy 10) Lettered gravestones 11) Monies, benefits, privileges, or annuities accruing out of any life insurance 12) Properties specially exempt from execution 13) The right to receive legal support or money or property obtained as such support or any pension or gratuity from the government OTHER PROPERTIES SPECIALLY EXEMPT FROM EXECUTION 1. Property mortgaged to DBP (Section 26, CA 458) 2. Property taken over by Alien Property Administration (Section 9[f], US Trading With the Enemy Act) 3. Savings of national prisoners deposited with the Postal Savings Bank (Act 2489) 4. Backpay of pre-war civilian employees (RA 304) 5. Philippine Government backpay to guerrillas (RA 897) 6. Produce, work animals, and farm implements of agricultural lessees, subject to limitations (Section21, RA 6389) 7. Benefits from private retirement systems of companies and establishments, with limitations (RA 4917) 8. Labor wages, except for debts incurred for food, shelter, clothing, and medical attendance (Art. 1708, NCC) 9. Benefit payments from the SSS (Section 16 RA 1161 as amended by PDs 24, 65, and 177) 10. Copyrights and other rights in intellectual property under the former copright law (PD 49 cf. Section 239.3, RA 8293) 11. Bonds issued under RA 1000 (NASSCO v. CIR L-17874 31 August 1963) (Regalado, F. Remedial Law Compendium Vol. 1, 8th ed., pp. 447-448). If the property is the subject of execution because of a judgment for the recovery of the price or upon a judgment of foreclosure of a mortgage upon the property, the property is not exempt from execution

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 constructive e.g. levy on a barge by registration w/ Philippine Coast Guard (constructive) Section 10. Execution of judgments for specific act SPECIFIC ACTS 1. Conveyance, delivery of deeds, or other specific acts; vesting title If party fails to comply within the time specified, the court may direct the act to be done at the cost of the disobedient party Real or personal property situated w/in the Philippines: court in lieu of conveyance may give order divesting title and may vest it in others 2. Sale of real or personal property 3. Delivery or restitution of real property officer shall demand person to peaceably vacate property w/in 3 working days, and restore possession to judgment obligee, otherwise officer shall oust such persons 4. Removal of improvements on property subject of execution officer shall not destroy, demolish, or remove improvements except upon special order of the court Special order issued upon motion, after judgment obligor failed to remove the same 5. Delivery of personal property officer shall take possession of the same and deliver it to the judgment obligee Execution of a judgment for the performance of a specific act 1) If the judgment requires a person to perform a specific act, said act must be performed but if the party fails to comply within the specified time, the court may direct the act to be done by someone at the cost of the disobedient party and the act when so done shall have the effect as id done by the party 2) If the judgment directs a conveyance of real or personal property, and said property is in the Philippines, the court in lieu of directing the conveyance thereof, may order divest the title of any party and vest it in others, which shall have the force and effect of a conveyance executed in due form of law Execution for a judgment for the delivery or restitution of real property 1. In ejectment, the officer shall demand from the judgment obligor to vacate peaceably within 3 working days, and restore possession of the property to the judgment obligee 2. Immediacy of execution does not mean instant execution. When a decision is immediately executor it does not dispensing with the required 3 day notiuce 3. After the lapse of the period given and the judgment obligor refuses to vacate, then the sheriff may enforce the writ by ousting the judgment obligor and all the persons claiming a right under him, with the assistance, If necessary, of appropriate peace officers, and employing such means as may be reasonably necessary to retake possession and place the judgment obligee in possession of such property Failure to comply with specific acts under Rule 39 Sec. 10 is not necessarily punishable by contempt. However, if a party refuses to: 1. Vacate the property the sheriff must oust the party. A demolition order from the court is required to effect removal of an improvement constructed by the defeated party. 2. Deliver the sheriff will take possession and deliver it to the winning party.

Section 14. Return of writ of execution Writ of execution is returnable to the court after judgment it satisfied Sheriff shall report to the court w/in 30 days after receipt and every 30 days until the judgment is satisfied in full Lifetime of writ of execution 5 years from entry of judgment

The rules do not provide any lifetime for a writ of attachment unlike writ of execution The writ shall continue in effect during the period within which the judgment may be enorced by motion

3rd party should make an affidavit of his title thereto, or right of possession thereof, and should serve such affidavit upon the sheriff and a copy thereof to the judgment obligee. The sheriff may or may not require the judgment obligee to file a bond. Indemnity Bond Filed Action for damages brought against the principal and sureties on the bond Sheriff not liable for damages Sheriff bound to keep property on behalf of judgment obligee No Indemnity Bond Filed Action for damages may be brought against sheriff himself Sheriff liable for damages Sheriff not bound to keep property under levy

Section 15. Notice of sale of property on execution Requisites for Notice of Sale of Requisites for Notice of Sale of Real Personal Property Property perishable property: notice If 50,000: notice posted in 3 posted in 3 public places for such public places for 20 days time as may be reasonable If > 50,000: Publication once a considering the character & week for 2 consecutive weeks condition of the property and notice posted in 3 public other personal property: notice places for 20 posted in 3 public places for not less than 5 days In all cases, written notice of the sale shall be given to the judgment obligor, at least 3 days before the sale, except as provided in paragraph (a) hereof where notice shall be given at any time.

REMEDY OF THE CREDITOR a. File a bond to indemnify 3rd party complainant amount of bond not less than value of property sheriff not liable for damages if bond is filed b. File a claim for damages against 3rd party in the same or separate action based on the ground that 3rd party claim is frivolous or plainly spurious

EFFECTS OF AN EXECUTION SALE WITHOUT THE REQUIRED NOTICE 1) Sheriff and creditor are joint tortfeasors 2) Liable in solidum because liability is joint and solidary Want of notice does not invalidate the execution sale where purchaser is innocent and no collusion appears (buyer in good faith) Section 16. Proceedings where property claimed by third persons 3RD PARTY CLAIM A claim by any person other than the judgment debtor or his agent on property levied on execution PROCEEDINGS WHEN PROPERTY LEVIED UPON I CLAIMED BY THIRD PERSONS; TERCERIA RULE A person claiming a property levied upon may execute an affidavit of his title or right of possession over the property. Such affidavit must state the grounds of such right or title. The affidavit shall be served upon the officer making a levy and a copy thereof must also be served upon the judgment obligee. This remedy of the claiming party is also called terceria. The officer served with the affidavit of the claiming third person shall not be bound to keep the property subject of the claim, unless the judgment obligee, on demand of the officer, files a bond approved by the court to indemnify the claimant in a sum not less than the value of the property levied upon. No claim for damages for the taking or keeping of the property may be enforced against the bond unless the action therefor is filed within 120 days from the date of the filing of the bond. The officer shall not be liable to any third-part claimant for damages for the taking or keeping of the property, if such bond is filed The aggrieved third party may also avail himself of the remedy of terceria by executing an affidavit of his title or right of possession over the property levied on attachment and serving the same to the office making the levy and serving the same to the office making the levy and the adverse party. Other remedies may also be availed of by the 3rd party claimant because nothing contained in the Rules shall prevent the claiming third person from vindicating his claim to the property in a separate action. PURPOSE OF 3RD PARTY CLAIM 1) To recover property levied on by sheriff (although 3rd party can vindicate claim in a separate action) 2) To hold sheriff liable for damages for the taking or keeping of such property WHEN TO FILE A 3RD PARTY CLAIM At any time, so as long as the sheriff has the possession of the property levied upon, or before the property is sold under execution WHAT IS THE PROCEDURE FOR A 3RD PARTY CLAIM

REMEDY OF THE 3rd PARTY 1. Vindicate his claim in a separate action no intervention allowed since judgment final & executory 2. File a separate action for damages against the sheriff (if no bond filed) 3. File a claim for damages against the bond claim must be w/in 120 days from filing of bond The sheriff is at complete liberty to suspend or not to suspend execution if the judgment creditor does not file a bond. The judgment creditor cannot be compelled to file a bond because he is at complete liberty to do so. Without an indemnity bond, the sheriff acts at his own risk if he keeps the property (can be liable for damages). Section 17. Penalty for selling without notice, or removing or defacing notice PERSONS LIABLE UNDER SECTION 17 1. Officer selling without notice 2. Any person willfully removing or defacing notice posted (e.g. notice posted in 3 public places) What is the liability? 1. punitive damages to any person injured thereby = P5000, 2. actual damages Section 18. No sale if judgment and costs paid If judgment obligor paid the amount of judgment NO writ of execution may be issued or implemented. Section 19. How property sold on execution; who may direct manner and order of sale All sales of property under execution must be made: 1. at a public auction 2. to the highest bidder 3. to start at the exact time fixed in the notice Sale of real properties must be made in the province where the same are situated Purpose is to obtain the best price PERSONS PROHIBITED FROM BUYING 1. Judge, who issued the writ of execution 2. Officer conducting sale, or his deputy EFFECT OF SALE OF REAL PROPERTY IN MASS GENERAL RULE: Valid EXCEPTION: 1. when it appears that a larger sum would have been realized from a sale in parcels, or 2. a sale of less than whole would be sufficient to satisfy debt Mere inadequacy of price is not material if there is a right of redemption. Shocking inadequacy of price may be ground for setting aside sale Who has jurisdiction to set aside execution sale?

Court w/c rendered judgment that became final and executory has exclusive jurisdiction After sufficient property has been sold to satisfy the execution, no more sale shall be made and any excess shall be promptly delivered to the judgment obligor or his authorized representative, unless otherwise directed by the judgment or order of the court. Section 20. Refusal of purchaser to pay Section 21. Judgment obligee as purchaser 1. Officer may sell again the property to the highest bidder 2. refusing purchaser may be liable for amount of loss occasioned by such refusal 3. Refusing purchaser may be punished for contempt 4. Officer may reject subsequent bid of refusing purchaser If judgment obligee is the successful bidder BID JUDGMENT Judgment obligee not required to pay bid IF BID > JUDGMENT Judgment obligee required to pay excess Section 22. Adjournment of Sale If both obligee and obligor agree in writing, sale may be adjourned to any date and time agreed upon Without such agreement, sale may be adjourned from day to day if it becomes necessary to o so for lack of time. Adjournment = waiver of publication of another notice requirement Section 23. Conveyance to purchaser of personal property capable of manual delivery After purchaser pays the purchase price, the sheriff must deliver the property capable of manual delivery to the purchaser If desired the sheriff shall execute and deliver a certificate of sale No right of redemption in sales of personal property on execution Section 24. Conveyance to purchaser of personal property not capable of manual delivery For personal property not capable of manual delivery, the officer must execute and deliver to purchaser certificate of sale (symbolic delivery) Section 25. Conveyance of real property; certificate thereof given to purchaser and filed with registry of deeds CERTIFICATE OF SALE MUST CONTAIN 1) Description of real property sold; 2) Price paid (per lot) 3) Whole price paid 4) Statement of right of redemption 1 year from date of registration of certificate of sale ORDINARY SALE ON ORDINARY SALE IN EXECUTION Need not be confirmed; Right of redemption; Purchaser acquires title upon expiration of redemption period EXECUTION IN JUDICIAL FORECLOSURE OF MORTGAGE Needs judicial confirmation; No right of redemption (except where mortgagee is a bank); Purchaser acquires title after judicial confirmation of sale; Purchaser acquires only right, title, interest and claim of judgment obligor. Purchaser of property registered under Torrens system acquires the same free from liens or encumbrances not noted thereon.

Section 27. Who may redeem real property so sold RIGHT OF REDEMPTION: 1. Personal Property None; sale is absolute 2. Real Property there is a right of redemption WHO MAY REDEEM? JUDGMENT DEBTOR Judgment obligor, or his successor in interest (e.g. transferee, assignee, heirs, joint debtors); When Within 1 year from the date of registration of the certificate of sale REDEMPTIONER One who has a lien by virtue of another attachment, judgment, or mortgage on property SUBSEQUENT to the lien under which the property was sold When 1. 2.

Within 1 year from the date of registration of the certificate of sale; or Within 60 days from the last redemption by another redemptioner.

A surety is NOT a successor in interest By paying the debt, he stands in the place of the creditor, not obligor Right of redemption cannot be levied on by judgment creditor The judgment debtor may, of course, legally sell his right of redemption Section 28. Time and manner of, and amounts payable on, successive redemptions; notice to be given and filed PERIOD OF REDEMPTION JUDGMENT Judgment Obligor has 1 year from registration of certificate of sale; Once he redeems, no further redemption is allowed OBLIGOR REDEMPTIONER 1st redemptioner has 1 year to redeem 2nd redemptioner has 60 to redeem after 1st redemption 3rd redemptioner has 60 days after 2nd, etc.; Further redemption allowed, even after lapse of 1 year, as long as each redemption is made w/in 60 days after the last Payment how and to whom made Tender of redemption money may be made to purchaser or sheriff If tender to sheriff duty to accept Medium of payment Cash, although Sec. 9, Rule 39 allows certified bank check If check is dishonored, redemption invalid If check became stale for not being presented, through no fault of redemptioner, redemption valid Amounts Payable on Redemption JUDGMENT OBLIGOR If he redeems from the purchaser: - Purchase price + 1% interest + assessment or taxes If he redeems from redemptioner - Redemption price + 2% interest + assessment or taxes

REDEMPTIONER If he redeems from the purchaser: - Same as judgment obligor - Amount of lien, If purchaser also creditor w/ prior lien If he redeems from redemptioner - Same as judgment obligor - Amount of liens held by last redemptioner prior to his own, w/ interest

Auction sale retroacts to date of levy E.g. a 3rd party claim was filed after the levy. The fact that the 3rd party claim was presented 1 day before the execution sale is immaterial. If the levy is valid, the sale is also valid. The auction sale retroacts to the date of the levy. The purchaser is not entitled to possession during the period of redemption.

Section 29. Effect of redemption by judgment obligor, and a certificate to be delivered and recorded thereupon; to whom payments on redemption made If judgment obligor redeems, no further redemption is allowed. The Person to whom redemption was made must execute and deliver to the judgment obligor a certificate of redemption. Payments may be made to the purchaser, redemptioner, or sheriff.

Section 26. Certificate of sale where property claimed by 3rd person The certificate of sale to be issued shall make express mention of the existence of such third-party claim.

Redemption can be paid in other forms than cash. The rule is construed liberally in allowing redemption (aid rather than to defeat the right) and it has been allowed to in the case of a cashiers check, certified bank checks, and even checks.

1. A formal offer to redeem is not necessary where the right to redeem is exercised through the filing of a complaint to redeem in the courts, within the period to redeem. Section 30. Proof required of redemptioner PROOF REQUIRED JUDGMENT OR FINAL ORDER No proof required Right of redemption appears on record 2.

recover from creditor price paid w/ interest, or so much w/c is not returned to judgment obligor; or have original judgment revived for whole price w/ interest

Section 35. Right to contribution or reimbursement If property is executed against several persons, and more than due proportion has been satisfied one who pays may compel contribution from the others If surety pays he may compel repayment from the principal

REDEMPTIONER If based on judgment or final order: - must serve copy of judgment or final order, certified by clerk of court

Section 36. Examination of judgment obligor when judgment unsatisfied Upon return of writ of execution, and judgment is still unsatisfied, the creditor may ask the court to require the debtor to appear and his property or income be examined PROCEEDINGS SUPPLEMENTARY TO EXECUTION The proceedings are to aid judgment creditors in discovery of debtors property and its application to the satisfaction of judgment. It is to compel the disclosure of any property that is not exempt from execution 1) Sec. 36 examination of judgment obligors property 2) Sec. 37 examination of judgment obligors debtor (garnishee) 3) Sec. 38 enforcement of attendance and conduct of examination (punishable by contempt) 4) Sec. 39 judgment obligors debtor may pay sheriff 5) Sec. 40 order to apply to obligors property in the hands of another, investigate income, expenses, earnings order fix monthly payments 6) Sec. 41 appoint receiver 7) Sec. 42 sale of debtors interest in real estate 8) Sec. 43 if garnishee denies debt, court may order creditor to institute action against such person to pay debt Section 37. Examination of obligor of judgment obligor Any person or corporation who has property of the debtor, or is indebted to the debtor > court may order such person to be examined > to bind the credits due to debtor CITATION The garnishee becomes a forced intervenor, requiring him to pay his debt not to the judgment debtor but to the creditor (a form of involuntary novation). Section 38. Enforcement of attendance and conduct of examination A party or other person may be compelled by an order of subpoena, to attend before the court or commissioner to testify as provided in Sections 36 & 37. Failure to obey such order or subpoena may be punished for contempt. Section 39. Obligor may pay execution against obligee Persons indebted to the debtor may pay sheriff. Sheriffs receipt shall mean a discharge for the amount paid and shall be credited by the obligee on execution Section 40. Order for application of property and income to satisfaction of judgment. Court may order property of judgment obligor, or money due him, in the hands of either himself or another, to be applied to the satisfaction of the judgment Investigation of income and expenses > if it appears earnings more than necessary for support of family > court may order that he pay judgment in fixed monthly installments > otherwise contempt The sheriff is not a proper person to be appointed as receiver. Section 42. Sale of ascertainable interest of judgment obligor in real estate. If Judgment obligor has interest in real estate (as mortgagor or mortgagee, or otherwise) Receiver may be ordered to sell and convey real estate or interest therein Section 43. Proceedings when indebtedness denied or another person claims property. Person or corporation having property of obligor or indebted to him, claims an interest in property adverse to him or denies debt. The Court may: 1. authorize judgment obligee to institute action against person or corporation for recovery of such interest or debt; 2. forbid transfer or other disposition of such interest or debt w/in 120 days from notice of order; or

If based on Mortgage or other lien, must serve: - memorandum of record, or any assignment, AND - affidavit, showing amount due on lien Failure to produce proof by redemptioner is waived by refusal on other grounds.

Validity of redemption not affected by failure to present proof If person to whom redemption was offered accepts without requiring proof redemption valid Section 31. Manner of using premises pending redemption; waste restrained During the period pending the redemption, the court issues an order to restrain the commission of waste on the property by injunction. WHAT IS NOT COMMISSION OF WASTE 1. Use in the same a manner previously used; 2. Use in the ordinary course of husbandry; 3. Make necessary repairs to buildings thereon Section 32. Rents, earnings and income of property pending redemption During the period of redemption, all rents, expenses, income and fruits derived still belong to the debtor. During the period of redemption, the purchaser or redemptioner is not entitled to: 1. possession 2. receive the rents, earnings, and income of property sold on execution; 3. reimbursement for improvements Section 33. Deed and possession to be given at expiration of redemption period; by whom executed or given Upon expiration when no redemption has been made within 1 year, purchaser is entitled to conveyance and possession of property. If so redeemed whenever 60 days have elapsed and no other redemption has been made, and notice therof given, the last redemptioner is entitled to the conveyance and possession of the property Upon expiration of the right of redemption, the purchaser or redemptioner shall be substituted to and acquire all the rights, titles, interest and claim of the judgment obligor to the property as of the time of the levy Within 1 year purchaser acquires only the rights, title, interest and claim of judgment obligor to property. After 1 year, the purchaser now has his own right and acquires right to the property. It is at this time that the writ of possession is issued. Writ of possession may be enforced against judgment obligor, successors-ininterest but NOT against persons whose right of possession is adverse to the latter Section 34. Recovery of price if sale not effective; revival of judgment If purchaser fails to recover possession, evicted, judgment reversed, property exempt from execution, or 3rd party vindicated claim, purchaser may, on motion or in a separate action:

3.

may punish disobedience of such order as for contempt.

Res Judicata in judgments IN PERSONAM RES JUDICATA It is a matter adjudged; an existing final judgment or decree rendered on the merits is conclusive upon the rights of the parties or their privies, in all other actions or suits in the same or any other judicial tribunal, on the points and matters in issue in the first suit. It is based on the principle that parties should not litigate the same matter more than once. REQUISITES OF RES JUDICATA 1) Former judgment or order must be final and executory; 2) Court has jurisdiction over subject matter and parties; 3) Former judgment or order was on merits; 4) Identity of parties, subject matter, and cause of action between first and second action. Test to determine IDENTITY OF CAUSE OF ACTION Whether the same evidence would sustain both causes of action NOTE: Res Judicata applies only between adverse parties in a former suit, NOT between co-parties Paragraph (c) is known as conclusiveness of judgment or preclusion of issues or rule of AUTER ACTION PENDANT CONCLUSIVENESS OF JUDGMENT Issues are actually and directly resolved in a former suit cannot again be raised in any future case between the same parties involving a different cause of action. RES JUDICATA OR ESTOPPEL BY JUDGMENT OR CONCLUSIVENESS BY BAR BY FORMER JUDGMENT JUDGMENT Refers to same action, Refers to another action between same parties but claim or demand involves different claim - Absolute bar to judgment merely an subsequent action estoppel only as to those - there is finality as to matters in issue or the claim or demand controverted in controversy, not only to matters presented, but as to any other admissible matter w/c might have been presented identity of parties, identity of parties, SM only SM, cause of action Section 48. Effect of foreign judgments or final orders. EFFECT OF A FOREIGN ORDER OR TRIBUNAL: 1) Against a specific thing conclusive upon title to the thing. 2) Against a person presumptive evidence of a right as between the parties and their successors in interest by a subsequent title. In both instances, the judgment may be repelled by evidence of want of jurisdiction, notice, collusion, fraud, or clear mistake of law or fact. ENFORCEMENT OF FOREIGN JUDGMENTS By filing an action based on said judgment; foreign judgment is presumed to be valid and binding. RECOGNITION OF A FOREIGN JUDGMENT Raise the foreign judgment as res judicata in the defense (not in a separate action). MISCELLANEOUS PRINCIPLES TO BE REMEMBERED IN EXECUTION SALES A notice of sale is required before the property levied is sold on execution. All sales of property under execution must be made at public auction to the highest bidder but the execution sale must be preceded by a valid levy which is indispensable for a valid execution sale a levy is the act whereby the sheriff sets apart or appropriates a part of the whole of the properties of the judgment obligor to satisfy the command of the writ

Court cannot make a finding that 3rd person has in his possession property belonging to judgment debtor or is indebted to him and to order said person to pay amount to judgment creditor Execution may issue only upon an incontrovertible showing that 3rd party holds property of judgment obligor or is indebted to him Section 44. Entry of satisfaction of judgment by clerk of court Section 45. Entry of satisfaction with or without admission Judgment obligee is obliged to execute and acknowledge admission of satisfaction of judgment only if judgment obligor demands ENTRY OF SATISFACTION OF JUDGMENT-WHEN MADE 1) upon return of execution satisfied 2) upon filing of admission of satisfaction by creditor 3) upon indorsement of such admission 4) upon order of the court Creditor who compels satisfaction of judgment loses right of appeal. Debtor who voluntary satisfies judgment loses right to appeal. But, the debtor who is compelled to pay does NOT lose right to appeal.

TENDER OF PAYMENT OF JUDGMENT - If tender refused, not necessary to make consignation - Court may direct money to be paid to the court, and order entry of satisfaction of judgment TENDER OF PAYMENT OF CONTRACTUAL DEBT If tender refused, must consign payment w/ court Section 46. When principal bound by judgment against surety SURETY SUED ALONE - principal also bound by judgment - surety should notify principal and request him to join in defense; surety must still file separate action for reimbursement but principal can no longer set up defenses w/c he could have set up in the original action - if principal not notified, he may set up defenses in a subsequent action PRINCIPAL AND SURETY JOINTLY SUED - judgment may be rendered against them jointly & severally - surety should file cross-claim for reimbursement PRINCIPAL SUED ALONE - principal has no cause of action against surety

The principal is bound by the same judgment from the time he has notice of the action or proceeding and has been given an opportunity at the suretys request, to join the defense.

Section 47. Effect of judgment or final orders. Paragraph (a) refers to rule on Res Judicata in judgments IN REM. JUDGMENT OR FINAL ORDER Against a specific thing Probate of a will or administration of the estate of a deceased person In respect to the personal, political, or legal condition or status of a particular person EFFECT: CONCLUSIVE AS TO the title of the thing Will or administration. However, only prima facie evidence of the death of the testator or intestate Condition, status, or relationship of the person

Paragraph (b) refers to as bar by former judgment or

levy is necessary only if the obligor cannot satisfy the judgment in case, certified check or any other mode of payment acceptable to the judgment creditor a levy upon real property is made by the officer by performing two specific acts: a) filing with the RD a copy of the order, description of the attached property and notice of attachment; and b) leaving with the occupant of the property of the same order, description and notice. Non-compliance with any of these requisites is fatal because a special statutory provision respecting the manner of carrying out levy of attachment must be strictly complied with and departure therefrom shall invalidate the levy After sufficient property has been sold to satisfy the execution, no more shall be sold. (s. 19) Any excess of the sale shall be delivered to the judgment obligor (s. 19) If the purchaser at the auction refuses to pay the amount bid by him, the officer may again sell the property to the highest bidder and the court may require such purchaser to pay unto the court the amount of whatever loss, with costs by his refusal o pay and if he disobeys the order, may punish him for contempt. Any subsequent bid by such purchaser may be refused by the officer conducting the bidding. (S. 20) The judgment obligee may bid and if said party is the purchaser and there is no 3rd party claim, he need not pay the amount of the bid if it does not exceed the amount of his judgment. If it does, he shall only pay the excess (S. 21) If the purchaser of personal property capable of manual delivery pays the purchase price, the officer making the sale must deliver the property to the purchaser and shall execute a certificate of sale. The sale conveys to the purchase all the rights which the judgment obligor had in such property as of the date of the levy on execution or preliminary attachment. (S. 23) When the purchaser of any personal property not capable of manual delivery pays the price, the officer making the sale must execute and deliver to the purchaser a certificate of sale. Such certificate conveys to the purchaser all the rights which the judgment obligor had in such property as of the date of the levy on execution or preliminary attachment (S. 24)

2.

It is not only the judgment debtor who may be examined. A person, corporation or other juridical entity, indebted to the judgment debtor may be required to appear before the court or a commissioner appointed by it, at a time and place within the province or city where such debtor resides or is found, and be examined concerning the same (S. 37)

EFFECT OF FINAL JUDGMENTS 1. When a court of the Philippines has rendered judgment with jurisdiction the following are the effects of its judgment or final order: a. If the judgment or final order is on a specific thing, the same is conclusive upon the title b. If judgment or final order is in respect to the probate of a will, or the administration of the estate of a deceased person, the same is conclusive upon the will or administration but the probate of the will or the granting of letters of administration shall only be prima facie evidence of the death of the testator or intestate and not a conclusive presumption of death c. If judgment or final order is in respect to the personal, political, or legal condition or status of a particular person or his relationship to another, the judgment or final order is conclusive upon the condition, status or relationship d. If the judgment be to the matter directly adjudged or as to any other matter that could have been raised in relation thereto, the judgment or final order is conclusive between the parties and their successors in interest by title subsequent to the commencement of the action or special proceeding, litigation for the same thing and under the same title and the same capacity, relationship (bar by prior judgment) e. In any other litigation between the same parties or their successors in interest, that only is deemed to be adjudged in a former judgment or final order which appears upon its face to have been adjudged, or which was actually and necessarily included therein or necessary thereto (conclusiveness of judgment)

SALE AND REDEMPTION OF REAL PROPERTY a. Upon a sale of real property, the officer must give to the purchaser a certificate of sale. Such certificate must be registered in the registry of deeds of the place where the property is situated. (S. 25) The real property sold may redeemed from the purchaser, at any time within 1 year from the date of the registration of the certificate of sale. If there are other creditors having a lien on the property, the property so redeemed may again be redeemed within 60 days from the last redemption. The property may again, and as often as a redemptioner is so disposed, be redeemed from any previous redemptioner within 60 days after the last redemption (S. 28) The property may be redeemed by the judgment obligor, or his successor in interest or by a creditor having a lien by virtue of an attachment, judgment or mortgage on the property sold, subsequent to the lien under which the property was sold. Such redeeming creditor is called a redemptioner. (S. 27[b]) The right of redemption under the Rules of Court has reference only to real, not personal property. (S. 27)

b.

c.

d.

REMEDY WHEN THE JUDGMENT IS UNSATISFIED 1. The judgment obligee is entitled to an order from the court which rendered the judgment, requiring the judgment obligor to appear and be examined concerning his property and income before the court or a commissioner appointed by the court. This remedy has a limitation because the judgment obligor cannot be required to appear before a court or commissioner outside the province or city in which such obligor resides or is found (S. 37)