Rule 39 - Execution

1997 Rules on Civil Procedure 2001 Edition <draft copy. pls.
check for errors>

Rule 39 EXECUTION, !TI "!CTION !N# E""ECT O" $U#%&ENT
Rule 39 Execution, Satisfaction And Effect of Judgments
Rule 39 is on the subject of Execution, Satisfaction and Effect of Judgments. This is the longest rule in the study of Ci il !rocedure. Ta"e note that there are #$ Sections. %et us first re ie& the fundamentals. '( )efine execution. *( E+EC,T-./ is the remedy 0ro ided by la& for the enforcement of a judgment. 123 *m. Jur. 3$4 -t is the fruit and the end of the suit and is ery a0tly called the life of the la& 1!*% s. Court of *00eals, 3$3 SCR* 5564. -t &ould be useless if there is judgment but you cannot enforce the same. 7hen you recei e the decision of court in your fa or, &hat &ill you do &ith that8 -f there is no &ay to enforce that decision, i9 laminate mo na lang yan. ,seless eh: '( 7ho &ill enforce the judgment8 *( The ery same court &hich rendered the judgment. '( ;o& is execution generally done8 *( -t is generally done by filing a motion for execution by the 0re ailing 0arty and the court &ill then issue an order of execution, &hich &ill be follo&ed &ith a &rit of execution, and the sheriff &ill enforce the judgment. So, &e file a motion in court after the judgment has become final and executory. '( ;o& can the court issue the order &hen it has already lost jurisdiction o er the case8 because from &hat &e ha e learned here is that, one of the effects of the finality of judgment is that the court loses jurisdiction o er the case. *nd &hen the court loses jurisdiction, it can no longer act on the case. So, ho& can it still issue orders in that case &hen actually, once the judgment becomes final and executory, the trial court loses jurisdiction o er the case and it can no longer act in that case8 *( 7hat is meant by that statement is that, the court can no longer change the judgment. That is &hy ne& trial and reconsideration is not anymore a ailable in this stage. The judgment is beyond the 0o&er of the court to change or alter. <,T definitely the court can act on that case for the 0ur0ose of enforcing its judgment because it is absurd to claim that a trial court has the 0o&er to try and hear a case but once the judgment has already become final, it has no more 0o&er to enforce it. -f you &ill really describe jurisdiction in its com0lete as0ect, &e can say jurisdiction is the power of the court to act on the case, to try, to decide and to enforce its judgment. That &ould be more com0lete. <ecause enforcement is 0art of the court=s jurisdiction. '( *gainst &hom shall the execution issue8 *( >enerally, execution can issue only against a 1losing4 0arty to the case and not against one &ho is a com0lete stranger because majority of judgments are in personam. They are only enforceable against the 0arties themsel es or their successors9in9interest ? 0eo0le &ho deri e their rights from him. *nd a judgement can ne er be enforced against a com0lete stranger &ho ne er had his day in court. 1Cru@cosa s. Conce0cion, 3A3 !hil. 3#BC CastaDeda s. )e %eon, 55 ..>. B25, Jan. 2B, 3959C <acolod s. EnriEue@, 55 ..>. 3A5#5, )ec. 23, 39594
1997 Rules on Civil Procedure 2001 Edition <draft copy. pls. check for errors>
'( 7hat 0ortion in the decision is normally the subject of execution 8 *( -t is the dis0ositi e 0ortion ? the WHEREFORE ? that is going to be enforced. 1Robles s. Timario, 5$ ..>. 35A6, Feb. 39, 39B24 C%*SSES .F E+EC,T-./ '( 7hat are the classes of execution under the la&8 *( The follo&ing( -. *s to their nature( 3.4 C.G!,%S.RH execution ? "no&n as Execution as a Gatter of Right 1Section 34 2.4 )-SCRET-./*RH execution ? "no&n as Execution !ending *00eal 1Section 24
--. *s to ho& it is enforced 1Section B4( 3.4 E+EC,T-./ <H G.T-./ 2.4 E+EC,T-./ <H -/)E!E/)E/T *CT-./ CO&'U( OR) EXECUTION 1Execution as a matter of right4 E+EC,T-./ *S * G*TTER .F R->;TC F-RST -/ST*/CE( /. *!!E*%, J,)>GE/T <EC.GES F-/*% ect*o+ ,. E ecution upon judgments or fina! orders. - E.ecut*o+ shall *ssue as a /atter of r*0ht, o+ /ot*o+, upo+ a 1ud0/e+t or order that d*sposes of the act*o+ or proceed*+0 upo+ the e.p*rat*o+ of the per*od to appeal therefro/ *f +o appeal has 2ee+ duly perfected. If the appeal has 2ee+ duly perfected a+d f*+ally resol3ed, the e.ecut*o+ /ay forth4*th 2e appl*ed for *+ the court of or*0*+, o+ /ot*o+ of the 1ud0/e+t o2l*0ee, su2/*tt*+0 there4*th cert*f*ed true cop*es of the 1ud0/e+t or 1ud0/e+ts or f*+al order or orders sou0ht to 2e e+forced a+d of the e+try thereof, 4*th +ot*ce to the ad3erse party. The appellate court /ay, o+ /ot*o+ *+ the sa/e case, 4he+ the *+terest of 1ust*ce so re5u*res, d*rect the court of or*0*+ to *ssue the 4r*t of e.a/*+at*o+. '( 7hat are the conditions for com0ulsory execution8 *( The follo&ing are the conditions( 3.4 F-RST C./)-T-./( -f a judgment has dis0osed already of the action or 0roceeding then it can be executed C 2.4 SEC./) C./)-T-./( The 0eriod to a00eal has ex0ired and no a00eal has been filedIta"en from the judgment. ,nder the first condition, if a judgment has dis0osed already of the action or 0roceeding then it can be executed because if the judgment or order has not yet dis0osed of the action or 0roceeding, that is called an interlocutory judgment or order. .ne of the effects of finality of a judgment under Rule 3B is that the 0re ailing 0arty is entitled to ha e the judgment executed as a matter of right. *nd it is the ministerial duty of the court to execute its o&n judgment. So once the judgment has become final, all that the &inner or 0re ailing 0arty has to do is to file an action in court for execution, the court has to issue.
7hen the la& says it is a matter of right u0on a judgment or order that dis0oses the action or 0roceeding, it means that after the judgment &as rendered, there is nothing more for the court to do because its job is o er. Therefore, if there is something more that the court can do, as a rule, you cannot execute. That is &hy conditional judgments, incom0lete judgments cannot be executed. ,nder the second condition, &e must &ait for the 0eriod to a00eal to ex0ire before &e can mo e for execution. So, if the 0eriod to a00eal has not yet ex0ired, then &e cannot execute the judgment. *s corollary to that rule &e ha e this Euestion( '( Gay the court refuse to execute a judgment on the ground that the judgement &as &rong or erroneous8 *( /., because it is a matter of and the issuance of the corres0onding &rit of execution u0on a final and executory judgment is a ministerial duty of the court to execute &hich is com0ellable by mandamus. 1Ebero s. CaDi@ares, 69 !hil. 3524 The 0rinci0le is( /o matter ho& erroneous a judgment may be, so long as the lo&er court had jurisdiction o er the 0arties and the subject matter in litigation, 1in short the judgment is alid4, the said judgment is enforceable by execution once it becomes final and executory. The error also becomes final. -f it is erroneous, the remedy is to a00eal, other&ise the error becomes final as &ell. -n execution, if you are not careful, there are la&yers &ho are ery good in th&arting an execution &here a series of maneu ers are utili@ed 9 &e can still be delayed by Euestioning this and that and sometimes courts are un&itting accom0lices. That is &hy in the 399# of 'E(!)O "s. COURT O" !''E!( 637 CR! 878 9E(#( J7e ha e time and again ruled that courts should ne er allo& themsel es to be a 0arty to maneu ers intended to delay the execution of final decisions. They must ni0 in the bud any dilatory maneu er calculated to defeat or frustrate the ends of justice, fair 0lay and 0rom0t im0lementation of final and executory judgment. %itigation must end and terminate sometime and some&here, and it is essential to an effecti e administration of justice that once a judgment has become final, the &inning 0arty be not, through a mere subterfuge, de0ri ed of the fruits of the erdict. Courts must therefore guard against any scheme calculated to bring about that result. Constituted as they are to 0ut an end to contro ersies, courts should fro&n u0on any attem0t to 0rolong them.K >E/ER*% R,%E( Judgment is enforceable by execution once it becomes final and executory. E+CE!T-./S( 17.%FS./ "s. )E% R.S*R-., #B !hil. #34 3. 7hen there has been a change in the situation of the 0arties, &hich ma"es the execution ineEuitableC 2. 7hen it a00ears that the contro ersy has ne er been submitted to the judgment of the courtC 3. 7hen the judgment &as no ated by subseEuent agreement of the 0artiesC #. 7hen it a00ears that the &rit of execution has been im0ro idently issuedC 5. 7hen the &rit of execution is defecti e in substanceC B. 7hen the &rit of execution is issued against the &rong 0artyC and 6. 7hen the judgment debt has been 0aid or other&ise satisfied. #$% WHE& 'HERE H() *EE& ( +H(&,E -& 'HE )-'.('-O& OF 'HE /(R'-E) WH-+H 0(1E 'HE E2E+.'-O& -&E3.-'(*4E. 5)uper"ening Fact 6octrine7
.ne of the most im0ortant exce0tions is the first one( When there has 8een a change in the situation of the parties which ma9e the e ecution ine:uita8!e. Geaning, from the time na nag"aroon ng final judgment u0 to the 0resent, there has been a change in the situation of the 0arties so that if &e &ill execute, the judgment becomes ineEuitable already. So, this is just another &ay of saying that there has been a S,!ERLE/-/> ELE/T that ha00ened &hich ma"es execution ineEuitable. E+*G!%E( There &as a case &here * filed a case to eject < from his 0ro0erty and < lost the case and there &as a judgment ordering him to acate the 0ro0erty of *. <ut &hile the case &as going on, * mortgaged his 0ro0erty to the ban". -n the meantime, he failed to 0ay his loan and the ban" foreclosed the mortgage. So the 0ro0erty &as sold at 0ublic auction. *nd at the auction sale, <, the one occu0ying it, bought the 0ro0erty. The o&ner no& is <. <ut there is a final judgment ejecting him. /o&, shall &e insist on the judgment ejecting <8 /o because < is no& the o&ner. The fact that < became the o&ner is a su0er ening e ent. '9I(. :ETER!N ;!N< =':;> "s. I!C ,?@ CR! 8AB NOTE( There &as a time before that the !L< &as closed for 5 to B years because - thin" they ha e some 0roblems. So the Central <an" has to ta"e o er. The Central <an" has ordered to sto0 the o0eration ? 0laced under recei ershi0, the Central <an" &ill control. /o& under the Central <an" %a&, once the Central <an" ta"es o er the control of a 0ri ate ban", all its assets has to be 0reser ed. /o assets &ill be sold or dis0osed of. "!CT ( There &as somebody &ho sued !L<, and !L< lost. So there &as a judgment &hich became final. *nd the &inner as"ed the court to execute. !ractically, you ha e to le y on the 0ro0erty of the ban". -n the meantime, the !L< &as 0laced under recei ershi0, &here under the la&, it cannot be dis0osed of because it is under the control of the Central <an". I UE( Can the 0re ailing 0arty insist on the enforcement of the judgment and get and le y the 0ro0erty of the !L<8 9E(#( /.. The 0lacement of the ban" under recei ershi0 is a S,!ERLE/-/> ELE/T. J.nce a decision has become final and executory, it is the ministerial duty of the court to order its execution, admits certain exce0tions. The fact that 0etitioner is 0laced under recei ershi0 is a su0er ening e ent that renders a judgment not&ithstanding its finality unenforceable by attachment or execution.K !&'!%UIT! %!R&ENT COR'. "s. N(RC 633 CR! 687 "!CT( *n em0loyee &as terminated by his em0loyer on the ground of theft. ;e stole com0any 0ro0erty. The management filed also a case of theft against the em0loyee. <ut in the meantime the em0loyee also filed a labor case against the em0loyer for illegal dismissal and 0rayed for reinstatement &ith bac" &ages. *fter hearing, the /%RC ruled that there &as illegal termination and ordered the reinstatement of the em0loyee and 0ayment of bac"&ages. The /%RC decision became final. -n the meantime, the accused &as con icted in the criminal case for theft and ordered to go to 0rison. I UE( 7hat ha00ens no& to the final judgment of the /%RC reinstating the em0loyee8
9E(#( J*n em0loyeeMs con iction for theft, &hich &as affirmed by the RTC and the C*, is a S,!ERLE/-/> C*,SE that renders unjust and ineEuitable the /%RC decision mandating the em0loyeeMs reinstatement &ith bac"&ages.K Ta"e note ho&e er that for the su0er ening e ent to a00ly, the su0er ening e ent must ha00en after the judgment has become final and executory. /ot that the su0er ening e ent ha00ened &hile the case &as going on. -f the case is going on and something ha00ened &hich you belie e &ould ma"e the decision against you unfair, your duty is to bring it to the attention of the court so that the court deciding the case &ould ta"e that into consideration. -n the case of :!(EN ON! "s. COURT O" !''E!( 668 CR! 38 9E(#( J7hile the rule is that a stay of execution of a final judgment may be authori@ed if necessary to accom0lish the ends of justice, as for instance, &here there has been a change in the situation of the 0arties &hich ma"es such execution ineEuitable, ne ertheless the said rule cannot be in o"ed &hen the su00osed change in the circumstances of the 0arties too" 0lace &hile the case &as 0ending, for the reason that there &as then no excuse for not bringing to the attention of the court the fact or circumstance that affects the outcome of the case.K The ruling in ;(4E&<O4( &as reiterated in !;OITIC "s. TR!$!NO 6?@ CR! 3@? D,99?E 9E(#( J7e are of course &ell a&are of the rule authori@ing the court to modify or alter a judgment e en after the same has become executory, &hene er circumstances trans0ire rendering its execution unjust and ineEuitable. ;o&e er, this rule, &e must em0hasi@e, a00lies only to cases &here the facts or circumstances authori@ing such modification or alteration trans0ired after the judgment has become final executory.K
#=% WHE& 'HE >.6,0E&' W() &O;('E6 *? ).*)E3.E&' (,REE0E&'. ',EST-./( Can the 0arties enter into a com0romise agreement &hen there is already a decision8 */S7ER( HES. Com0romise agreement is &elcome anytime ? before the case is filed, &hile the case is going on, &hile the case is on a00eal. '( /o& su00ose there is a decision in my fa or against you and then you a00roach me and say, /wede 8a pag@usapan na !ang natin itoA JSige o"ay.K Then &e arri e at another agreement &hich &e signed, &here the agreement is different from the decision in my fa or. Can it be done8 *( Hes, - can &ai e my rights under the judgment. There is no& a ne& agreement bet&een us. '( Can - execute on the original judgment8 *( /o more, because the ne& agreement no ated the judgment. Ta"e note that in case of no ation, the ne& obligation must be totally incom0atible &ith the first obligation. * related Euestion( '( Can one court by injunction or restraining order sto0 the execution of a judgment of another court8 5
*( >E/ER*% R,%E( /., because that &ill amount to interference. E+CE!T-./S(1&hen the enforcement of a final judgment may be sto00ed by &ay of injunction4 3.4 Rule 3$, Section 5( Rule 3@, ect*o+ BF /re!iminary injunction pending proceedings. - The court *+ 4h*ch the pet*t*o+ *s f*led, /ay 0ra+t such prel*/*+ary *+1u+ct*o+ as /ay 2e +ecessary for the preser3at*o+ of the r*0hts of the part*es, upo+ the f*l*+0 2y the pet*t*o+er of a 2o+d *+ fa3or of the ad3erse party, co+d*t*o+ed that *f the pet*t*o+ *s d*s/*ssed or the pet*t*o+er fa*ls o+ the tr*al of the case upo+ the /er*ts, he 4*ll pay the ad3erse party all da/a0es a+d costs that /ay 2e a4arded to h*/ 2y reaso+ of the *ssua+ce of such *+1u+ct*o+ or the other proceed*+0s follo4*+0 the pet*t*o+G 2ut such *+1u+ct*o+ shall +ot operate to d*schar0e or e.t*+0u*sh a+y l*e+ 4h*ch the ad3erse party /ay ha3e ac5u*red upo+ the property of the pet*t*o+er. -n effect, there is a final and executory judgment but the court &ill issue an injunction to sto0 this enforcement because of the 0endency of a 0etition for relief from judgment. 2.4 7hen there is an action for annulment of judgment of the RTC filed in the C*. The C* may issue a &rit of 0reliminary injunction ? annulment of judgment, certiorari, or 0rohibition cases &here the C* &ill issue a 0reliminary injunction to sto0 the RTC from enforcing its judgment 0ending the resolution of &hether its judgment &as rendered in excess or &ithout jurisdiction9 annulment of judgement, certiorari, or 0rohibition cases &here the C* &ill issue a 0reliminary injunction to sto0 the RTC from enforcing its judgement 0ending the resolution of &hether its judgement &as rendered in excess or &ithout jurisdiction. So, those are the exce0tions. E+EC,T-./ *S * G*TTER .F R->;TC SEC./) -/ST*/CE( C* *FF-RGS T;E RTC J,)>GE/T '( -s there any other instances &here a judgement maybe executed as a matter of right8 *( HES, &hen the losing 0arty a00ealed the RTC decision to the C* and the C* affirmed the decision of the RTC. Nung may a00eal, the judgment is not final, you cannot execute. The case is no& in the C*, the C* decided in your fa or, the RTC judgment &as affirmed and the C* decision has also become final and executory. So you can no& execute. '( ;o& do you execute in that situation8 *( That is no& co ered by the second and third 0aragra0hs of Section 3( If the appeal has 2ee+ duly perfected a+d f*+ally resol3ed, the e.ecut*o+ /ay forth4*th 2e appl*ed for *+ the court of or*0*+, o+ /ot*o+ of the 1ud0/e+t o2l*0ee, su2/*tt*+0 there4*th cert*f*ed true cop*es of the 1ud0/e+t or 1ud0/e+ts or f*+al order or orders sou0ht to 2e e+forced a+d of the e+try thereof, 4*th +ot*ce to the ad3erse party. The appellate court /ay, o+ /ot*o+ *+ the sa/e case, 4he+ the *+terest of 1ust*ce so re5u*res, d*rect the court of or*0*+ to *ssue the 4r*t of e.ecut*o+. /o& the usual 0rocedure no, &hen you &in in the RTC and the losing 0arty a00eals, the records of the case &ill be brought to the C*. %ater, there &ill be a C* decision( 'he judgment of the R'+ of 6a"ao +ity is affirmed in toto. /o& you ha e to &ait for the C* judgment to become final because that 6
may be a00ealed further to the SC. -f the judgment becomes final, the cler" of court &ill ma"e an entry of final judgment of the C* decision. /ormally after that, the records from the C* &ill be returned to )a ao. -t &ill be sent bac" to the court of origin. .nce the record is bac", the RTC is su00osed to tell you, the records are here. That is the time you file a motion for execution. Hou &ill file it in the RTC. <ut sometimes, it ta"es months for the C* to return the records. That is the trouble &ith the C*. -t ta"es them se eral months, &hen the case is a00ealed, before they tell you that the record is here. -n the !RESE/T rules, this is ta"en from the SC Circular 2#99# &hich too" effect in 399#, hindi na "ailangan hintayin ang records na bumali" dito. Just get a certified co0y of the C* decision, get a co0y of the entry of final judgment of the C*. Hou just attach a co0y of the C* judgment and a certificate from the C* cler" of court that it is already final and executory 9 meaning, that there is already entry of final judgment. This is much faster than &aiting for the records to be returned. The first 0aragra0h in Section 3 normally deals &ith judgment usually becoming final and executory in the RTC. The rest of the 0aragra0h deals &ith a00eal &hich affirmed the decision of the RTC. So that is the 0rocedure for execution ? both cases, execution is a matter of right because judgment is final and executory. The alternati e &hich is the last 0aragra0h, in the interest of justice, you can file also your motion for execution in the C* and the C* &ill direct the RTC to issue the &rit of execution. E+EC,T-./ *S * G*TTER .F R->;TC T;-R) -/ST*/CE( C*SES ,/)ER SECT-./ # '( -s there another instance &hen execution becomes a matter of right8 *( This is the third instance found in Section #( ec. A. >udgments not stayed 8y appea!. H $ud0/e+ts *+ act*o+ for *+1u+ct*o+, rece*3ersh*p, accou+t*+0 a+d support, a+d such other 1ud0/e+ts as are +o4 or /ay hereafter 2e declared to 2e *//ed*ately e.ecutory, shall 2e e+forcea2le after the*r re+d*t*o+ a+d shall +ot 2e stayed 2y a+ appeal take+ therefro/, u+less other4*se ordered 2y the tr*al court. O+ appeal therefro/, the appellate court *+ *ts d*scret*o+ /ay /ake a+ order suspe+d*+0, /od*fy*+0, restor*+0 or 0ra+t*+0 the *+1u+ct*o+, rece*3ersh*p, accou+t*+0, or a4ard of support. The stay of e.ecut*o+ shall 2e upo+ such ter/s as to 2o+d or other4*se as /ay 2e co+s*dered proper for the secur*ty or protect*o+ of the r*0hts of the ad3erse party. =Aa> >E/ER*% R,%E( -f there is an a00eal, the judgment &ill be stayed. E+CE!T-./S 1,nder Section #4( Judgments in actions for injunction, recei ershi0, accounting, su00ort, judgment declared to be immediately executory. So, actions for injunction, recei ershi0, accounting, su00ort. So for exam0le( thereMs an injunction from the court( 'he defendant is enjoined from trespassing on p!aintiffBs !and. Then you a00ealed. So, the decision is not final. /o&, if the judgment is not yet final, &hat &ill you do in the meantime. So, youMll sayC -B!! just continue to trespass 8ecause anyway the judgment is not yet fina!. *h hindi yan 0&ede. E en if the judgment is not yet final, e en if it is on a00eal, you ha e to honor the injunction. So, in effect, it is a matter of right. *nother Exam0le( *n order directing you to render an accounting. Ta"e the case of reco ery of 0ossession of land &ith accounting of the income that you recei ed. *fter trial, O9ey, 6efendant, you 7
turn o"er the possession of the property to the p!aintiff and you render an accounting. *00eal "a. !ag a00eal mo, there must be an accounting in the meantime. So, if there is a judgment for an action for su00ort, you must com0ly &ith the judgment e en before it becomes final. So, the amendment no& includes su00ort and this 0hrase , such other judgments as are now or may hereafter 8e dec!ared to 8e immediate!y e ecutory. *ny judgment &hich is declared by la& to be immediately executory has to be enforced e en before it becomes final and executory e en if there is an a00eal. '( >i e an exam0le of a la& &hich declares a judgement to be immediately executory8 *( The best exam0le &ould be the Summary !rocedure ? &here a decision of the GTC in a ci il case is a00ealed to the RTC, the decision of the RTC is immediately executory e en if &e go to the C*. -t has to be executed unless the a00ellate court &ill sto0 the execution in the meantime. E+EC,T-./ *S * G*TTER .F R->;TC F.,RT; -/ST*/CE( F.RC-<%E E/TRH */) ,/%*7F,% )ET*-/ER C*SES '( -s there another instance &hen execution becomes a matter of right8 *( HES, under Rule 6A ? a judgment of the GTC in a forcible entry or unla&ful detainer case is immediately executory 1i.e. subject to immediate execution4 e en if it is not yet final and executory. T. S,GG*R-OE( '( 7hen is execution a matter of right8 *( -n the follo&ing( 3.4 Section 3, 0aragra0h 3 ? no a00ealC judgment becomes finalC 2.4 Section 3, 0aragra0h 2 ? there is an a00ealC once the C* judgment becomes finalC 3.4 Section # ? Judgment in an action for injunction, recei ershi0, accounting, su00ort, judgment declared to be immediately executoryC and #.4 Rule 6A ? Judgments in Forcible Entry and ,nla&ful )etainer cases. #I CRETION!R) EXECUTION 1Execution 0ending a00eal4 ect*o+ 6. 6iscretionary e ecution. =a> E ecution of a judgment or fina! order pending appea!. - O+ /ot*o+ of the pre3a*l*+0 party 4*th +ot*ce to the ad3erse party f*led *+ the tr*al court 4h*le *t has 1ur*sd*ct*o+ o3er the case a+d *s *+ the possess*o+ of e*ther the or*0*+al record or the record o+ appeal, as the case /ay 2e, at the t*/e of the f*l*+0 of such /ot*o+, sa*d court /ay, *+ *ts d*scret*o+, order the e.ecut*o+ of a 1ud0/e+t or f*+al order e3e+ 2efore the e.p*rat*o+ of the per*od to appeal. !fter the tr*al court has lost 1ur*sd*ct*o+, the /ot*o+ for e.ecut*o+ pe+d*+0 appeal /ay 2e f*led *+ the appellate court. #*scret*o+ary e.ecut*o+ /ay o+ly *ssue upo+ 0ood reaso+s to 2e stated *+ a spec*al order after due hear*+0. =2> E ecution of se"era!, separate or partia! judgments . H ! se3eral, separate or part*al 1ud0/e+t /ay 2e e.ecuted u+der the sa/e ter/s a+d co+d*t*o+s as e.ecut*o+ of a 1ud0/e+t or f*+al order pe+d*+0 appeal. 7eMll no& go to the second ty0e of execution 9 discretionary or execution 0ending a00eal. )iscretionary, meaning, the court may or may not order the execution.
;ere, the 0re ailing 0arty files a motion for execution &ithin the 35 days 0eriod. So in other &ords, the judgment is not yet final and executory, normally, &ithin the 0eriod to a00eal. '( /ormally, can you file a motion for execution &ithin the 0eriod to a00eal8 *( *s a rule, you cannot because it is not yet final. <ut by E+CE!T-./, Section 2 allo&s you, 0ro ided, according to the last 0aragra0h, discretionary execution may only issue u0on Pgood reasonM to be stated in the s0ecial order after due hearing. '( Therefore, &hat are the reEuisites for discretionary execution8 *( The follo&ing are the reEuisites for discretionary execution( 3.4 There must be a motion filed by the 0re ailing 0artyC 2.4 There must be a notice of the motion gi en to the ad erse 0artyC and 3.4 There must be good reasons to execute to be stated in a s0ecial order after due hearing. 7hy discretionary8 <ecause the court may or may not grant the execution de0ending on &hether there is a good reason or no good reason. ,nli"e in Section 3, &hen the judgment has become final and executory, you do not ha e to cite any good reason. The only reason for the execution is that the judgment becomes final and executory. <ut in the case of execution 0ending a00eal, you must justify it ? the 0arty must con ince the court to grant the execution. *nd remember according to the SC, execution under Section 2 is not the general rule, that is the exce0tion. JThe reEuirement of good reason is im0ortant and must not be o erloo"ed, because if the judgment is executed and, on a00eal, the same is re ersed, although there are 0ro isions for restitution, oftentimes damages may arise &hich cannot be fully com0ensated. *ccordingly, execution should be granted only &hen these considerations are clearly out&eighed by su0erior circumstances demanding urgency, and the abo e 0ro ision reEuires a statement of those circumstances as a security for their existence.K 1City of <acolod s. EnriEue@, 3A3 !hil. B##4 -t is e en a misnomer ? execution 0ending a00eal. For all you "no&, the losing 0arty may or may not a00eal. -t is actually called execution 0ending a00eal because you are filing the motion &ithin the 0eriod to a00eal. '( 7hat &ill ha00en if there are no good reasons8 *( The &rit of execution is oid because it does not state &hy you are executing a judgment. 1*F7, s. Esti0ona, %93693#, )ec. 2$, 39B34 *nd remember that execution 0ending a00eal is the exce0tion rather than the rule. *nd there is a 0ossibility that the judgment in your fa or &ill be re ersed on a00eal. '( Su00ose &e &ill execute the judgment 0ending a00eal and the a00eal &ill 0roceed then it &ill be re ersed, &hat &ill ha00en then8 *( -f that ha00ens, then there is Section 5 ? eh di, magsaulian tayo if it is re ersed totally, 0artially, or annulled on a00eal or other&ise. There &ill be G,T,*% REST-T,T-./. That is the remedy under Section 5. <ut the trouble is ang hira0 man ng saulian, eh. There could not be a 3AAQ 0erfect restitution. That is the same as"ing the Euestion, how can you unscram8!e an unscram8!ed eggA This is one reason &hy execution 0ending a00eal is not fa ored. ect*o+ B. Effect of re"ersa! of e ecuted judgment . H Ihere the e.ecuted 1ud0/e+t *s re3ersed totally or part*ally, or a++ulled, o+ appeal or other4*se, the tr*al court, /ay, o+ /ot*o+, *ssue such orders a+d 1ust*ce /ay 4arra+t u+der the c*rcu/sta+ces =Ba>
'( >i e exam0les of ,OO6 RE()O&) &hich &ould justify execution 0ending a00eal. *( Follo&ing are exam0le of good reasons( 3.4 7hen there is danger of the judgment becoming -/EFFECT,*%. 1Scottish ,nion Gacadaeg, 93 !hil. $934C s.
-n this case of 0(+(6(E,, the 0laintiff sued a foreign cor0oration doing business in the !hili00ines. So it has assets no8 The 0laintiff sued the foreign com0any and he &on, there &as a&ard, but hindi 0a final. -n the meantime, 0laintiff learned the foreign com0any is going to sto0 com0letely its business in the !hili00ines and they are going to send bac" all their assets abroad. Sabi ng na 0laintiff( (8a de!i9ado a9o. )uppose after the appea!, - sti!! win and - wi!! start running after the defendant na wa!a naman dito. -t has no more office, no operations, no assetsC 8ut in the meantime meron paA So the 0laintiff filed a motion for execution 0ending a00eal. -f &e &ill &ait for the judgment to become final, by that time the judgment &ill become ineffectual. 2.4 .%) *>EC There &as a case an old &oman files a case against somebody to reco er her land from the defendant &hich the latter has de0ri ed her of the 0ro0erty for years. The defendant enjoyed the 0ro0erty and the fruits. *fter years of litigation she &on, she &as about $A. *nd then mag9aa00eal 0a yong "alaban. The old &oman filed a motion in court as"ing for immediate execution e en if the judgment is not yet final on the argument that - ha"e 8een depri"ed for years of the possession and of the propertyC and there is a pro8a8!e appea! which may ta9e another coup!e of years. *y the time - win the case on appea!, - may a!ready 8e dead. - ha"e not enjoyed the property and the fruits. The SC said, all right that is a good reason. 3.4 7here the a00eal is for the 0ur0ose of )E%*HC '( ;o& about the argument that the intended a00eal is dilatory8 -t is only intended to 0rolong the su00osed execution and therefore the losing 0arty has a chance to &in the a00eal. -s that a good ground for execution 0ending a00eal 8 *( -n the old case of !RES<-TER. "s. R.)*S 163 !hil. 3AA4 and J*LE%%*/* "s. ',ER,<-/ 1July 3A, 39BB4 the SC said that, that is a good reason ? &hen the a00eal is inter0osed for delay. ;o&e er, in the case of *',-/. "s. S*/T-*>. 13B3 SCR* 56A4 the SC said that it is not a ground because it is as if the trial court is already acting li"e the C*. -t is only the C* &hich has the 0o&er to claim that the a00eal is &ithout merit. ThatMs another reasoning. <ut in the case of ;.GE -/S,R*/CE C.. "s. C* 13$# SCR* 33$4, the SC ruled that, that &ould be a good reason again s0ecially that there are many factors to sho& the ineEuity of not executing the judgment immediately 1if cou0led &ith other reason4. ThatMs &hy in the case of 9O&E IN UR!NCE CO. "s. COURT O" !''E!( ,@A CR! 3,@ 9E(#( J* good and sufficient reason u0on &hich to issue execution of the judgment 0ending a00eal is &hen the a00eal is being ta"en for the 0ur0ose of delay. 7hile it is true that it is not for the trial court to say that the a00eal may not 0ros0er or that it is fri olous Rso, the SC is a&are of these 0ronouncementsS, there are circumstances &hich may ser e as cogent bases for arri ing at such a conclusion.K )ean -( *n exam0le &here the trial court maybe justified in saying that the a00eal is dilatory is in default judgements &here there is no e idence for the defendant. *nd then the defendant a00eals. /o& 10
&hat is the chance of re ersal &hen all the e idence is for the 0laintiff8 The 0ossibility that the judgment &ill be re ersed is almost @ero 1A4. Therefore the court can rule that the a00eal is dilatory and then order the execution of the judgment 0ending a00eal u0on motion of the 0laintiff. The SC continues( J*nother ital factor &hich led trial court to allo& execution 0ending a00eal &as the 0endency of the case for more than 36 years so that the 0urchasing 0o&er of the 0eso has undeniably declined. !etitioner should be gi en relief before it is too late.K '; CO&. "s. COURT O" !''E!( 6?9 CR! 38A D ept. 63, ,99?E 9E(#( J-t is significant to stress that 0ri ate res0ondent Falcon is a juridical entity and not a natural 0erson. E en assuming that it &as indeed in financial distress and on the erge of facing ci il or e en criminal suits, the immediate execution of a judgment in its fa or 0ending a00eal cannot be justified as Falcon=s situation may not be li"ened to a case of a natural 0erson &ho may be ill or may be of ad anced age.K JE en the danger of extinction of the cor0oration &ill not 0er se justify a discretionary execution unless there are sho&ings of other good reasons, such as for instance, im0ending insol ency of the ad erse 0arty or the a00eal being 0atently dilatory. ;ence, it is not &ithin com0etence of the trial court, in resol ing a motion for execution 0ending a00eal, to rule that the a00eal is 0atently dilatory and rely on the same as its basis for finding good reason to grant the motion. .nly an a00ellate court can a00reciate the dilatory intent of an a00eal as an additional good reason in u0holding an order for execution 0ending a00eal &hich may ha e been issued by the trial court for other good reasons, or in cases &here the motion for execution 0ending a00eal is filed &ith the a00ellate court in accordance &ith Section 2, 0aragra0h 1a4, Rule 39 of the 3996 Rules of Court.K #.4 7hen the successful 0arty files a <./)C '( ;ere is a contro ersial Euestion( ;o& about an instance &hen the &inning 0arty offers to 0ut u0 a bond. ;e saysC (!right, - am as9ing for an order pending appea!. - wi!! put up a 8ond to answer for any damages that the defendant may suffer in the e"ent that he wins the appea!. *( -n the old case of ;*C-E/)* /*L*RR* "s. %*<R*).R 1B5 !hil B354, the SC sim0ly im0lied that there is a good ground. ;.7ELER, the SC denied that im0lication in later cases. *mong &hich &ere the cases of R.+*S "s. C* 1356 SCR* 36A4 and !/< "s. !,/., 136A SCR* 2294 and !;.T.',-CN -/C. "s. %*!E/*, JR. 1395 SCR* BB4. '9I(I''INE N!TION!( ;!N< "s. 'UNO ,?7 CR! 669 9E(#( JThe mere filing of a bond &ould not entitle the 0re ailing 0arty to an execution 0ending a00eal. 7hate er doubts may ha e been generated by early decisions in ol ing this matter, starting &ith Hacienda &a"arra, -nc. "s. 4a8rador, et a! ., ha e been clarified in Ro as "s. +ourt of (ppea!s, et a!.K JTo consider the mere 0osting of a bond a Pgood reasonM &ould 0recisely ma"e immediate execution of a judgment 0ending a00eal R.,T-/*RH, the rule rather than the exce0tion. Judgments &ould be executed immediately, as a matter of course, once rendered, if all that the 0re ailing 0arty needed to do &as to 0ost a bond to ans&er for 11
the damages that might result therefrom. This is a situation, to re0eat, neither contem0lated nor intended by la&.K So, &e might say that the 0osting of a bond &ould be an *))-T-./*% >..) RE*S./ but it is /.T <H -TSE%F a good reason. So, the case of H(+-E&6( &(;(RR( ;). 4(*R(6OR has been misinter0reted. The second 0aragra0h of Section 2 RaS( !fter the tr*al court has lost 1ur*sd*ct*o+, the /ot*o+ for e.ecut*o+ pe+d*+0 appeal /ay 2e f*led *+ the appellate court. '( 7here can you file your motion for execution 0ending a00eal8 *( -t )E!E/)S( 3.4 TR-*% C.,RT 9 &hile it has jurisdiction o er the case and the court is still in 0ossession of the records of the case. Geaning( 13.4 the judgment has not yet become final 9 it is still &ithin the 35 day 0eriod, and 12.4 the court still is in 0ossession of the records of the case. 2.4 *!!E%%*TE C.,RT ? after the trial court has already lost jurisdiction, the motion for execution 0ending a00eal may already be filed in the a00ellate court. So, if the RTC has no more jurisdiction, then doon "a na mag9file ng motion sa C*. '( 7hen &ill the court lose jurisdiction o er the case 8 *( 7ith regard to execution 0ending a00eal, you can correlate this &ith R,%E #3, SECT-./ 9 , to &it( Rule A,, ect*o+ 9. /erfection of appea!C effect thereof. H ! partyJs appeal 2y +ot*ce of appeal *s dee/ed perfected as to h*/ upo+ the f*l*+0 of the +ot*ce of appeal *+ due t*/e. ! partyJs appeal 2y record o+ appeal *s dee/ed perfected as to h*s 4*th respect to the su21ect /atter thereof upo+ appro3al of the record of appeal f*led *+ due t*/e. I+ appeals 2y +ot*ce of appeal, the court loses 1ur*sd*ct*o+ o3er the case upo+ the perfect*o+ of the appeals f*led *+ due t*/e a+d the e.p*rat*o+ of the t*/e to appeal of the other part*es. I+ appeals 2y record o+ appeal, the court loses 1ur*sd*ct*o+ o+ly o3er the su21ect /atter thereof upo+ the appro3al of the records o+ appeal f*led *+ due t*/e a+d the e.p*rat*o+ of the t*/e to appeal of the other part*es. I+ e*ther case, pr*or to the tra+s/*ttal of the or*0*+al record of the record o+ appeal, the court /ay *ssue orders for the protect*o+ a+d preser3at*o+ of the r*0hts of the part*es 4h*ch do +ot *+3ol3e a+y /atter l*t*0ated 2y the appeal, appro3e co/pro/*ses, per/*t appeals of *+d*0e+t l*t*0a+ts, order e.ecut*o+ pe+d*+0 appeal *+ accorda+ce 4*th ect*o+ 6 of Rule 39, a+d allo4 4*thdra4al of the appeal. =9a> The 0hrase Jorder e ecution pending appea! in accordance with )ection D of Ru!e =E &as not there in the .ld Rules. /o&, that has been added and it ji es &ith Section 2 0aragra0h 1a4. /o&, for as long as the motion is filed, before the court loses jurisdiction and 0ro ided that the records are still &ith the trial court , e en if the a00eal is subseEuently 0erfected, it can still act on the motion for execution 0ending a00eal. 12
/o&, let us go bac" to Section 2, Rule 39 on execution of se eral, se0arate or 0artial judgments ? meaning, there are se eral judgments arising from the same case( Rule 39, Section 2 RbS( 2> E ecution of se"era!, separate or partia! judgments. H ! se3eral, separate or part*al 1ud0/e+t /ay 2e e.ecuted u+der the sa/e ter/s a+d co+d*t*o+s as e.ecut*o+ of a 1ud0/e+t or f*+al order pe+d*+0 appeal. =6a> %et us correlate this 0ro ision &ith Rule 3B, Sections # and 5 */) Rule 36, section $( RU(E 38, ec. A. )e"era! judgments. H I+ a+ act*o+ a0a*+st se3eral defe+da+ts, the court /ay, 4he+ a se3eral 1ud0/e+t *s proper, re+der 1ud0/e+t a0a*+st o+e or /ore of the/, lea3*+0 the act*o+ to proceed a0a*+st the others. =A> RU(E 38, ec. B. )eparate judgments. H Ihe+ /ore tha+ o+e cla*/ for rel*ef *s prese+ted *+ a+ act*o+, the court, at a+y sta0e, upo+ a deter/*+at*o+ of the *ssues /ater*al to a part*cular cla*/ a+d all cou+tercla*/s ar*s*+0 out of the tra+sact*o+ or occurre+ce 4h*ch *s the su21ect /atter of the cla*/, may render a separate judgment disposing of such claim. The 1ud0/e+t shall ter/*+ate the act*o+ 4*th respect to the cla*/ so d*sposed of a+d the act*o+ shall proceed as to the re/a*+*+0 cla*/s. I+ case a separate 1ud0/e+t *s re+dered, the court 2y order /ay stay *ts e+force/e+t u+t*l the re+d*t*o+ of a su2se5ue+t 1ud0/e+t or 1ud0/e+ts a+d /ay prescr*2e such co+d*t*o+s as /ay 2e +ecessary to secure the 2e+ef*t thereof to the party *+ 4hose fa3or the 1ud0/e+t *s re+dered. =Ba> RU(E 3?, ec. @. Effect of order for partia! new tria! . H Ihe+ less tha+ all of the *ssues are ordered retr*ed, the court /ay e*ther e+ter a 1ud0/e+t or f*+al order as to the rest, or stay the enforcement of such judgment or final order until after the new trial. =?a> '( Can there be t&o or more judgments arising out of one case8 *( HES. 1Rule 3B, Sections # and 54 '( Can the first judgment be immediately executed &hile &aiting for rendition of the second judgment8 *( >enerally, the court &ill decide. -f the court agrees, there has to be a good reason. There is one interesting case on execution 0ending a00eal ? the case of RC'I "s. (!NTIN ,3A CR! 39B "!CT ( The case of %antin &as an action for damages. The court a&arded the 0laintiff said damages. So, the 0laintiff mo ed for discretionary execution. I UE( 7hether or not execution 0ending a00eal is 0ro0er in a judgment for damages.
9E(#( The execution 0ending a00eal may be 0ro0er for enforcing the collection of *CT,*% )*G*>ES, but it is not 0ro0er to enforce the 0ayment of moral or exem0lary damages. So, this is &here the SC distinguished. 13
7hy is it that execution 0ending a00eal is 0ro0er for the collection of actual damages8 -n actual or com0ensatory damages, the amount is certain. /ormally, there are recei0ts. The amount is based on e idence. <ut the a&ard for moral or exem0lary damages is uncertain and indefinite. -t is based on abstract factors li"e slee0less nights, besmirched re0utation. -t is hard to Euantify it based on e idence. The SC said, in many cases the trial court a&ards a huge amount for exem0lary damages but on a00eal, the C* refused to a&ard or totally eliminate the a&ard. So, if the a&ard of moral or exem0lary damages is not certain or fixed, the execution 0ending a00eal may not be 0ro0er to enforce its execution. ec. 3. )tay of discretionary e ecution. H #*scret*o+ary e.ecut*o+ *ssued u+der the preced*+0 sect*o+ /ay 2e stayed upo+ appro3al 2y the proper court of a suff*c*e+t supersedeas 2o+d f*led 2y the party a0a*+st 4ho/ *t *s d*rected, co+d*t*o+ed upo+ the perfor/a+ce of the 1ud0/e+t or order allo4ed to 2e e.ecuted *+ case *t shall 2e f*+ally susta*+ed *+ 4hole or *+ part. The 2o+d thus 0*3e+ /ay 2e proceeded a0a*+st o+ /ot*o+ 4*th +ot*ce to the surety. =3a> '( /o&, assuming that there is an execution 0ending a00eal in fa or of the 0laintiff under Section 2 and - am the defendant, is there a &ay for me to sto0 the execution 0ending a00eal8 *( Hour remedy is to a00ly Section 3. The defendant &ill no& as" the court to fix a su0ersedeas bond to sto0 the execution 0ending a00eal. The bond &ill ans&er for any damages that the 0laintiff may suffer if the defendantMs a00eal is not meritorious. *nd once the su0ersedeas bond is filed, the court has to &ithdra& the execution 0ending a00eal. Su0ersedeas bond under Section 3 is conditioned u0on the 0erformance of the judgment or order allo&ed to be executed in case it shall be finally sustained in &hole or in 0art. >E/ER*% R,%E( 7hen a defendant 0uts u0 a su0ersedeas bond, the court shall recall the execution 0ending a00eal because discretionary execution is the exce0tion rather than the general rule. E+CE!T-./( /ot&ithstanding the filing of the su0ersedeas bond by the a00ellant, execution 0ending a00eal may still be granted by the court -F T;ERE *RE S!EC-*% */) C.G!E%%-/> RE*S./S justifying the same out&eighing the security offered by the su0ersedeas bond. 1)e %eon s. Soriano, 95 !hil. $AB4 E+*G!%E .F E+CE!T-./( Judgment for S,!!.RT. The same may be executed 0ending a00eal e en not&ithstanding the filing of a su0ersedeas bond by the a00ellant. 1)e %eon s. Soriano, 95 !hil. $AB4 Su00ort is something &hich should not be delayed. 7hat is the use of the su0ersedeas bond &hen the need of the 0laintiff is today and not 5 or B &ee"s from no&8 #a8erA% *lright, let us go to the next im0ortant classification of execution. The other classification as to the manner of enforcement could be by G.T-./ or by -/)E!E/)E/T *CT-./. EXECUTION ;) &OTION EXECUTION ;) IN#E'EN#ENT !CTION ec. 8. E ecution 8y motion or 8y independent action. H ! f*+al a+d e.ecutory 1ud0/e+t or order /ay 2e e.ecuted o+ /ot*o+ 4*th*+ f*3e =B> years fro/ the date of *ts e+try. !fter the lapse of such t*/e, a+d 2efore *t *s 2arred 2y the statute of l*/*tat*o+s, a 1ud0/e+t /ay 2e e+forced 2y act*o+. The re3*3ed 1ud0/e+t /ay also 14
2e e+forced 2y /ot*o+ 4*th*+ f*3e =B> years fro/ the date of *ts e+try a+d thereafter 2y act*o+ 2efore *t *s 2arred 2y the statute of l*/*tat*o+s. =8a> '( ;o& do you execute a judgment8 *( Hou file a motion for execution before the same court &hich rendered the judgment. '( ;o& is the execution enforced8 *( There are t&o 2 modes under Section B( 3.4 Execution by motion ? &ithin fi e 154 years from the date of its entryC and 2.4 Execution by inde0endent action ? &ithin fi e 154 to ten 13A4 years. Execution <H G.T-./ means that the 0re ailing 0arty shall as" the court to issue a &rit of execution by sim0ly filing a motion in the same case. E+*G!%E( - am the 0laintiff and - ha e a judgment here against the defendant. - do not "no& of any assets of the defendant because the defendant for the meantime is as 0oor as a rat. <ut after a certain 0eriod of time he becomes a &ealthy man. *ll - ha e to do is to file a motion and the court &ill order the execution, 0ro ided the motion is filed &ithin 5 years from the date of the entry of judgment. The date of the entry of judgment and the date of finality are the same 1Rule 3B, Section 24. '( Su00ose the defendant becomes rich after 5 years, can - still file a motion to execute8 *( /o more, because execution by motion must be filed &ithin 5 years only from the date of its entry. -f the judgment &as not executed &ithin the 59year 0eriod, the judgment has become dormant. '( 7hat is a dormant judgment8 *( * ).RG*/T judgment is one that &as not executed &ithin 5 years. '( So, ho& can that 1dormant4 judgment be a&a"en8 *( The 0rocedure is to file another ci il action. * ci il action for re i al of judgment. That is &hat you call E+EC,T-./ <H -/)E!E/)E/T *CT-./ &hich must be filed before it is barred by the statute of limitations. The second sentence states, after the !apse of such time 5which is F years7 and 8efore it is 8arred 8y the statute of !imitations, a judgment may 8e enforced 8y action. '( 7hen &ill it be barred by the statute of limitations 8 *( *ccording to *rticle 33## of the /e& Ci il Code, the judgment may be enforced only &ithin ten 13A4 years. Therefore, since the judgment &ill be enforced by motion for fi e 154 years, then after the fifth year, it &ill be enforced by inde0endent action. So, - &ill start the ci il action for re i al of judgment bet&een or after the 5th year but before the 3Ath year. So, that is &hat &e ha e to remember. '( )o you mean to tell me that - ha e to file the case all o er again, 0ractically re0eating &hat ha00ened 5 years ago8 *( /., because the judgment in the inde0endent action is a judgment re i ing the first judgment. For exam0le, more than 5 years ago - sued you to collect on a 0romissory note and you alleged 0ayment, and you lost and the court said that you are liable to me. .n the se enth year &hen - re i ed that judgment, my rights are no longer based or deri ed on the 0romissory note but on such judgment. <ut you can still in o"e other defenses such as lac" of jurisdiction, fraud. <ut you cannot Euestion the correctness of the original judgment because that is already res adjudicata. Hou are entitled to 0ut u0 any defense that you ha e against me 0ro ided that you cannot Euestion the correctness of the original judgment. That is the rule. 15
'( )iscuss briefly the nature of the action for enforcement of a dormant judgment. *( The action for enforcement of a dormant judgment is an ordinary ci il action the object of &hich is t&o9fold, namely, 1a4 to re i e the dormant judgment, and 1b4 to execute the judgment re i ing it, if it grants the 0laintiff any relief. ;ence, the rights of the judgment9creditor de0end u0on the second judgment. <eing an ordinary ci il action, it is subject to all defenses, objections and counterclaims &hich the judgment9debtor may ha e exce0t that no inEuiry can be made as to the merits of the first judgment. Therefore, defenses that do not go to the merits of the first judgment, such as lac" of jurisdiction, collusion, fraud, or 0rescri0tion, may be set su0 by the judgment9debtor. 1Cia. >ral. )e Tabacos s. Gartine@, 36 !hil. 3BAC Sal ante s. ,bi Cru@, $$ !hil. 23B4 #'a9en from Remedia! 4aw Re"iewer 8y &ue"as% '( >i e the exce0tion to the rule on dormant judgment. *( The only e ception is the judgment for su00ort &hich does not become dormant, nor does it 0rescribe. Hou can execute it anytime e en beyond the 59year 0eriod and any un0aid installment may be executed by motion. 1Florendo s. .rgano, 9A !hil. #$34 So, e en if the judgment is more than 5 years old, the defendant defaulted on the se enth year, you just file a motion to collect that judgment. '( Su00ose the judgment &as executed and the 0ro0erty of the defendant &as le ied on the #th year, and the next stage is the auction sale. *( The SC said the auction sale must also be 7-T;-/ 3A years. So, e en if the 0ro0erty &as le ied, the auction sale must be &ithin 3A years. /ot only the le y of the 0ro0erty must be done &ithin 3A years but also the including the auction sale, other&ise, any auction sale done beyond 3A years in null and oid. /o&, loo" at the last sentence in Section B( 'he re"i"ed judgment may a!so 8e enforced 8y motion within fi"e 5F7 years from the date of its entry and thereafter 8y action 8efore it is 8arred 8y the statute of !imitations. For exam0le, - ha e here a judgment nine 194 years ago. - &ant to enforce it by action to re i e judgment. Hou mean to tell me that the re i ed judgment is good for another ten 13A4 years8 *nother 5 years for motion to a right of action and then - can still re i e it &ithin 3A years8 *lright, in the original case of !/< "s. <./).C 13# SCR* 66A4, the SC said that the 0eriod a00lies all o er again from the finality of the re i ed judgment. So, you ha e another ten 13A4 years. ;o&e er, this 0rinci0le is abandoned in the later case of !/< "s. LE%.S. 132 SCR* 2BB4, the SC said that the original 0eriod is only com0uted from the date of the original judgment. *nd of course, because of those 2 conflicting cases, the court resol ed those issues in the case of %,O./ S,RETH C.. "s. -*C 1353 SCR* B524 &here the SC said, the later doctrine of ;E4O)O 0re ails. So, &ith that ruling, the 3A9year 0eriod a00lies only from the date of the original judgment, but you cannot say that once it is re i ed, you ha e another 3A years. <ut no&, you loo" at the ne& la&( 'he re"i"ed judgment may a!so 8e enforced 8y motion within fi"e 5F7 years from the date of its entry and thereafter 8y action 8efore it is 8arred 8y the statute of !imitations. *no yan8 That is a re i al of the *O&6O+ ruling: <inali" yung original ruling &hich is, the re i ed judgment is good for another 3A years. So, - re0eat, the last sentence has resurrected the ruling in the case of /&* "s. *O&6O+ and su0erseded again 4.<O& "s. -(+. Hou are entitled to another 3A years from the date of the re i ed judgment.
16
-%%,STR*T-./(
Exam0le( First judgment became final in 399A. Hou can enforce that until 2AAA by motion 1399A9 39954 or by inde0endent action 13995 ? 2AAA4. Su00ose in 2AAA, you &ere able to secure a second judgment re i ing the first judgment, under the ne& rules, there is another ten years. The first judgment by motion. The next 5 years is by inde0endent action. So, to illustrate( 1990 1995 2000 2005 2010
5 years by motion
5 years by inde0endent action
5 years by motion
5 years by inde0endent action
3A years *rticle 33##, Ci il Code
3A years last sentence of Section B
!RCEN! "s. COURT O" !''E!( 699 CR! ?33 =#ece/2er A, ,99@> 9E(#( JThe 0ur0ose of the action for re i al of a judgment is not to modify the original judgment subject of the action but is merely to gi e a creditor a new right of enforcement from the date of re i al.K JThe rule see"s to 0rotect judgment creditors from &ily and unscru0ulous debtors &ho, in order to e ade attachment or execution, cunningly conceal their assets and &ait until the statute of limitation sets in.K ec. ?. E ecution in case of death of party. H I+ case of the death of a party, e.ecut*o+ /ay *ssue or 2e e+forced *+ the follo4*+0 /a++erF =a> I+ case of the death of the 1ud0/e+t o2l*0ee, upo+ the appl*cat*o+ of h*s e.ecutor or ad/*+*strator, or successor *+ *+terestG =2> I+ case of the death of the 1ud0/e+t o2l*0or, a0a*+st h*s e.ecutor or ad/*+*strator or successor *+ *+terest, *f the 1ud0/e+t 2e for the reco3ery of real or perso+al property, or the e+force/e+t of a l*e+ thereo+G =c> I+ case of the death of the 1ud0/e+t o2l*0or, after e.ecut*o+ *s actually le3*ed upo+ a+y of h*s property, the sa/e /ay 2e sold for the sat*sfact*o+ of the 1ud0/e+t o2l*0at*o+, a+d the off*cer /ak*+0 the sale shall accou+t to the correspo+d*+0 e.ecutor or ad/*+*strator for a+y surplus *+ h*s ha+ds. =?a> This is related to Rule 3, Section 2A. '( 7hat is the effect of a death of a 0arty on the execution of a judgment8 *( The follo&ing(
17
3.4 -f it is the obligee 1the creditor4 &ill die after he &ins the case, his executor or administrator, his legal re0resentati e or his heirs and successors in interest can enforce the judgment. They &ill be the one to collect. 10aragra0h RaS4 2.4 -f it is the defendant 1obligor4 &ho dies and there is final judgment &hich is reco ery of real or 0ersonal 0ro0erty, the judgment is executed against the administrator or executor because this is an action &hich sur i es. 10aragra0h RbS4C 3.4 ,nder 0ar. 1c4, it is the death of the obligor in a money claim. This is related to Rule 3, Section 2A. ;o&e er, the timing of the death is different. %et us connect these &ith Rule 3, Sec. 2A( ec. 67. (ction on contractua! money c!aims . H Ihe+ the act*o+ *s for reco3ery of /o+ey ar*s*+0 fro/ co+tract, e.press or */pl*ed, a+d the defe+da+t d*es 2efore e+try of f*+al 1ud0/e+t *+ the court *+ 4h*ch the act*o+ 4as pe+d*+0 at the t*/e of such death, *t shall +ot 2e d*s/*ssed 2ut shall *+stead 2e allo4ed to co+t*+ue u+t*l e+try of f*+al 1ud0/e+t. ! fa3ora2le 1ud0/e+t o2ta*+ed 2y the pla*+t*ff there*+ shall 2e e+forced *+ the /a++er espec*ally pro3*ded *+ these Rules for prosecut*+0 cla*/s a0a*+st the estate of a deceased perso+. =6,a> So, for E+*G!%E( * filed a case against < to collect an un0aid loan. 7hat is the effect to the case if < dies8 -t &ill de0end on &hat stage of the case he dies. -f he died before final judgment could be rendered by the court 1before entry of final judgment4, there &ill be a substitution of 0arty and the case &ill continue until entry of final judgment. Su00ose, there is already entry of final judgment and he dies, it &ill de0end &hether there &as already a le y on execution. Geaning, there &as already entry of final judgment but before the 0ro0erty is le ied. This should not a00ly in Rule 39 because Section 6 RcS states that Jafter execution is le ied.K <ut my Euestion is no le y. The 0rocedure there is found in the S0ecial !roceedings. The judgment shall be enforced in the manner 0ro ided for by the Rules on claims against the estate of the deceased under Rule $B. *nd that is also mentioned in Rule 3, Section 2A. -t shall be enforced in the manner 0ro ided for against the estate. '( Su00ose the defendant dies &hen there is already a le y. 7hat &ill ha00en8 *( The auction sale &ill 0roceed as scheduled in connection &ith Section 6 RcS because the la& says Jthe same may 8e so!d for the satisfaction of the judgment o8!igation .K Geaning, the auction sale or the execution sale shall 0roceed as scheduled. /o more substitution here. So that Euestion, What is the effect of the death of a party on a pending ci"i! case is a Euestion &ith so many angles ? anong "laseng "aso8C is it one &hich is 0ersonal in nature or not8C if it is not, is it one &hich sur i es or one &hich does not8C if it does not sur i e, &ho died8C the 0laintiff or the defendant8 ? if it is the defendant, did he die before entry of final judgment8C did he die after entry of final judgment but before there could be le y or execution8C or did he die after le y or execution8 ? This last Euestion is ans&ered by Section 6 RcS. ec. @. -ssuance, form and contents of a writ of e ecution . H The 4r*t of e.ecut*o+ shallF =,> *ssue *+ the +a/e of the Repu2l*c of the 'h*l*pp*+es fro/ the court 4h*ch 0ra+ted the /ot*o+G =6> state the +a/e of the court, the case +u/2er a+d t*tle, the d*spos*t*3e part of the su21ect 1ud0/e+t or orderG a+d =3> re5u*re the sher*ff or other proper off*cer to 4ho/ *t *s d*rected to e+force the 4r*t accord*+0 to *ts ter/s, *+ the /a++er here*+after pro3*dedF 18
=a> If the e.ecut*o+ 2e a0a*+st the property of the 1ud0/e+t o2l*0or, to sat*sfy the 1ud0/e+t, 4*th *+terest, out of the real or perso+al property of such 1ud0/e+t o2l*0orG =2> If *t 2e a0a*+st real or perso+al property *+ the ha+ds of perso+al represe+tat*3es, he*rs, de3*sees, le0atees, te+a+ts, or trustees of the 1ud0/e+t o2l*0or, to sat*sfy the 1ud0/e+t, 4*th *+terest, out of such propertyG =c> If *t 2e for the sale of real or perso+al property, to sell such property, descr*2*+0 *t, a+d apply the proceeds *+ co+for/*ty 4*th the 1ud0/e+t, the /ater*al parts of 4h*ch shall 2e rec*ted *+ the 4r*t of e.ecut*o+. =d> If *t 2e for the del*3ery of the possess*o+ of real or perso+al property, to del*3er the possess*o+ of the sa/e, descr*2*+0 *t, to the party e+t*tled thereto, a+d to sat*sfy a+y costs, da/a0es, re+ts, or prof*ts co3ered 2y the 1ud0/e+t out of the perso+al property of the perso+ a0a*+st 4ho/ *t 4as re+dered, a+d *f suff*c*e+t perso+al property ca++ot 2e fou+d, the+ out of the real propertyG a+d =e> I+ all cases, the 4r*t of e.ecut*o+ shall spec*f*cally state the a/ou+t of the *+terest, costs, da/a0es, re+ts, or prof*ts due as of the date of the *ssua+ce of the 4r*t, as*de fro/ the pr*+c*pal o2l*0at*o+ u+der the 1ud0/e+t. "or th*s purpose, the /ot*o+ for e.ecut*o+ shall spec*fy the a/ou+ts of the fore0o*+0 rel*efs sou0ht 2y the /o3a+t. =@a> 7R-T .F E+EC,T-./ is actually the document &hich is issued by the court addressed to the sheriff. The &rit is actually the instruction to the sheriff on &hat he should do. -t &ould de0end on &hat "ind of decision ? is it an action for sum of money or is it for reco ery of real 0ro0erty8 Gimeogra0hed iyan, addressed to the sheriff. These are standard forms in court. /o&, &ith res0ect to Section $, the changes can be found in 0aragra0h ReS &hich mandates no& that the &rit of execution must state the exact amount to be collected. That is &hy according to the last sentence of 0aragra0h ReS, for this purpose, the motion for e ecution sha!! specify the amounts of the foregoing re!iefs sought 8y the mo"ant. /ormally, &hen la&yers file a motion to execute they &ill just Euote the 0rinci0al, but they do not state the costs or interests. /o&, under the ne& rule, &hen you file the motion for execution, you must also state ho& much is the costs or interests. EXECUTION O" &ONE) $U#%&ENT ;o& do you execute judgment for money8 Contractual debts or damages. Exam0le, the defendant is ordered to 0ay defendant !3 million &ith interest, ho& does the sheriff enforce that8 Section 9 0ro ides a detailed ex0lanation on ho& judgment for money is enforced. %et us go o er the first 0aragra0h( ec. 9. E ecution of judgments for money, how enforced. H
5a7 -mmediate payment on demand. H The off*cer shall e+force a+ e.ecut*o+ of a 1ud0/e+t for /o+ey 2y de/a+d*+0 fro/ the 1ud0/e+t o2l*0or the *//ed*ate pay/e+t of the full a/ou+t stated *+ the 4r*t of e.ecut*o+ a+d all la4ful fees. The 1ud0/e+t o2l*0or shall pay *+ cash, cert*f*ed 2a+k check paya2le to the 1ud0/e+t o2l*0ee, or a+y other for/ of pay/e+t accepta2le to the latter, the a/ou+t of the 1ud0/e+t de2t u+der proper rece*pt d*rectly to the 1ud0/e+t o2l*0ee or h*s author*Ked represe+tat*3e *f prese+t at the t*/e of pay/e+t. The la4ful fees shall 19
2e ha+ded u+der proper rece*pt to the e.ecut*+0 sher*ff 4ho shall tur+ o3er the sa*d a/ou+t 4*th*+ the sa/e day to the clerk of court of the court that *ssued the 4r*t. STE!S( 1under 0aragra0h RaS4 3.4 The sheriff must demand 0ayment from the obligorC 2.4 The obligor can 0ay in cash, certified ban" chec" 0ayable to the judgment obligee 1creditor4 or any other form of 0ayment acce0table to the latter. Nung sabihin ng obligor( ?ung 9otse 9o na !ang. That &ill be alright so long as it is also alright &ith the obligeeC 3.4 The 0ayment shall go to the obligeeC #.4 The la&ful fees shall be 0aid to the executing sheriff &ho shall turn o er the said amount &ithin the same day to the cler" of court of the court that issued the &rit. This assumes that the obligee is 0resent &ith sheriff. Su00ose the creditor is not around8 %et us go to the second 0aragra0h( ect*o+ 9 DaE, 6+d par. - If the 1ud0/e+t o2l*0ee or h*s author*Ked represe+tat*3e *s +ot prese+t to rece*3e pay/e+t, the 1ud0/e+t o2l*0or shall del*3er the aforesa*d pay/e+t to the e.ecut*+0 sher*ff. The latter shall tur+ o3er all the a/ou+ts co/*+0 *+to h*s possess*o+ 4*th*+ the sa/e day to the clerk of court of the court that *ssued the 4r*t, or *f the sa/e *s +ot pract*ca2le, depos*t sa*d a/ou+ts to a f*duc*ary accou+t *+ the +earest 0o3er+/e+t depos*tory 2a+k of the Re0*o+al Tr*al Court of the local*ty. -f the 0laintiff is not there, the 0ayment is made to the sheriff and he is su00osed to endorse it to the cler" of court. The cler" of court &ill loo" for the obligee to remit the money. -n the second sentence, this usually ha00ens if the execution is to be done outside of the locality. For exam0le, the decision in )a ao &ill be enforced in Cotabato. So, the sheriff in Cotabato &ill be the one to enforce and he &ill gi e the 0ayment to the cler" of court there &ho in turn &ill transmit the money to the cler" of court in )a ao. This is because the decision to be executed is one in )a ao. %et us go to the third 0aragra0h( The clerk of sa*d court shall thereafter arra+0e for the re/*tta+ce of the depos*t to the accou+t of the court that *ssued the 4r*t 4hose clerk of court shall the+ del*3er sa*d pay/e+t to the 1ud0/e+t o2l*0ee *+ sat*sfact*o+ of the 1ud0/e+t. The e.cess, *f a+y, shall 2e del*3ered to the 1ud0/e+t o2l*0or 4h*le the la4ful fees shall 2e reta*+ed 2y the clerk of court for d*spos*t*o+ as pro3*ded 2y la4. I+ +o case shall the e.ecut*+0 sher*ff de/a+d that a+y pay/e+t 2y check 2e /ade paya2le to h*/. This assumes that the 0ro0erty of the defendant &hich &as le ied in Cotabato but judgment is one &hich originated in )a ao ? cler" to cler". The last sentence says J-n no case sha!! the e ecuting sheriff demand that any payment 8y chec9 8e made paya8!e to him.K -t shall be 0ayable to the obligee. - thin" &hat the SC &ould li"e to a oid here is that &hich ha00ened in the case of !*% ? a labor case &here !*% 0aid chec" 0ayable to the sheriff. The sheriff ran a&ay &ith the chec". !*% &as made to 0ay all o er again.
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=2> )atisfaction 8y !e"y. H If the 1ud0/e+t o2l*0or ca++ot pay all or part of the o2l*0at*o+ *+ cash, cert*f*ed 2a+k check or other /ode of pay/e+t accepta2le to the 1ud0/e+t o2l*0ee, the off*cer shall le3y upo+ the propert*es of the 1ud0/e+t o2l*0or of e3ery k*+d a+d +ature 4hatsoe3er 4h*ch /ay 2e d*sposed of for 3alue a+d +ot other4*se e.e/pt fro/ e.ecut*o+ 0*3*+0 the latter the opt*o+ to *//ed*ately choose 4h*ch property or part thereof /ay 2e le3*ed upo+, suff*c*e+t to sat*sfy the 1ud0/e+t. If the 1ud0/e+t o2l*0or does +ot e.erc*se the opt*o+, the off*cer shall f*rst le3y o+ the perso+al propert*es, *f a+y, a+d the+ o+ the real propert*es *f the perso+al propert*es are suff*c*e+t to a+s4er for the 1ud0/e+t. So, under 0aragra0h RaS, the first ste0 is &hen the judgment debtor has enough money, bayaran niya in cash or chec". '( Su00ose &alang 0era, or the cash is not sufficient. 7hat &ill the sheriff do8 *( ;e shall le y u0on the 0ro0erties of the judgment obligor not other&ise exem0t from execution. -n the ernacular term, sasabihing Pna@sheriffB "a. '( )efine le y. *( %e y is the act &hereby a sheriff sets a0art or a00ro0riates, for the 0ur0ose of satisfying the command of the &rit, a 0art or the &hole of the judgment9debtorMs 0ro0erty. 1Lalen@uela s. )e *guilar, %93$A$39$#, Gay 33, 39B34 /ormally, this is done on 0ersonal 0ro0erty. Nung lu0a naman, they &ill annotate on the title. !arang mortgage ba. '( 7hat is the im0ortance of le y &ith res0ect to execution of a money judgment8 *( %e y is a 0re9reEuisite to the auction sale. -n order that an execution sale may be alid, there must be a 0re ious alid le y. * sale not 0receded by a alid le y is oid and the 0urchaser acEuires no title. 1Lalen@uela s. )e *guilar, %93$A$39$#, Gay 33, 39B34 '( 7hat "ind of 0ro0erty can be le ied8 *( *ny ? real, 0ersonal, tangible, intangible ? exce0t those 0ro0erties exem0t from execution. '( )oes the debtor has the right to tell the sheriff &hat 0ro0erty he should le y8 *( HES. The la& gi es the debtor or defendant the o0tion to immediately choose &hich 0ro0erty or 0art thereof may be le ied u0on sufficient to satisfy the judgment. E amp!e( - am the debtor and - ha e many 0ro0erties. *nd the sheriff &ould li"e to le y on my house and lot, or Pyung Toyota *ltis "o. ,nder the la&, - ha e the right to choose among them. The 0hrase Jgi"ing the !atter the option to immediate!y choose which property or part thereof may 8e !e"ied upon, sufficient to satisfy the judgment. This did not a00ear under the old la&. This is ta"en from the case of !;-%-!!-/E G-%%S "s. )*HR-T 1392 SCR* 3664, &here the SC said the debtor is gi en the o0tion of &hich 0ro0erty shall be le ied. *nd the seEuence of le ying is to le y the 0ersonal 0ro0erties first. Then real 0ro0erties if 0ersonal 0ro0erties are not sufficient. ,nder the second 0aragra0h of RbS, &hen the sheriff le ies on the 0ro0erty of the judgment debtor and the judgment debtor has more than sufficient 0ro0erty to co er the judgment debt, the sheriff cannot le y all the 0ro0erties. .r else, he &ill be made liable. For exam0le, the debt is only ! 3A,AAA, ta0os ang i9le y mo "otse 1Toyota *ltis4 at bahay, &hich &orth millions8 Gy golly: ThatMs too much: Hou sell only u0 to the 0oint that the judgment &ill be satisfied.
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'( <ut if it is real 0ro0erty or intangible 0ersonal 0ro0erty li"e shares of stoc", debts, credits 1collectibles4, can you le y on these8 *( HES. *nd under the last 0aragra0h of RbS They may be le ied u0on in li"e manner and &ith li"e effect as under a &rit of attachment under Rule 56 on attachment. >*R/-S;GE/T ? ;.7 T. %ELH !aragra0h RcS of Section 9 is on ho& to le y intangibles. 7hen you &ant to le y or you &ant to execute on intangible 0ro0erty, the legal term there is garnishment. =c> ,arnishment of de8ts and credits. H The off*cer /ay le3y o+ de2ts due the 1ud0/e+t o2l*0or a+d other cred*ts, *+clud*+0 2a+k depos*ts, f*+a+c*al *+terests, royalt*es, co//*ss*o+s a+d other perso+al property +ot capa2le of /a+ual del*3ery *+ the possess*o+ or co+trol of th*rd part*es. (e3y shall 2e /ade 2y ser3*+0 +ot*ce upo+ the perso+ o4*+0 such de2ts or ha3*+0 *+ h*s possess*o+ or co+trol such cred*ts to 4h*ch the 1ud0/e+t o2l*0or *s e+t*tled. The 0ar+*sh/e+t shall co3er o+ly such a/ou+t as 4*ll sat*sfy the 1ud0/e+t a+d all la4ful fees. The 0ar+*shee shall /ake a 4r*tte+ report to the court 4*th*+ f*3e =B> days fro/ ser3*ce of the +ot*ce of 0ar+*sh/e+t stat*+0 4hether or +ot the 1ud0/e+t o2l*0or has suff*c*e+t fu+ds or cred*ts to sat*sfy the a/ou+t of the 1ud0/e+t. If +ot, the report shall state ho4 /uch fu+ds or cred*ts the 0ar+*shee holds for the 1ud0/e+t o2l*0or. The 0ar+*shed a/ou+t *+ cash, or cert*f*ed 2a+k check *ssued *+ the +a/e of the 1ud0/e+t o2l*0ee, shall 2e del*3ered d*rectly to the 1ud0/e+t o2l*0ee 4*th*+ te+ =,7> 4ork*+0 days fro/ ser3*ce of +ot*ce o+ sa*d 0ar+*shee re5u*r*+0 such del*3ery, e.cept the la4ful fees 4h*ch shall 2e pa*d d*rectly to the court. I+ the e3e+t there are t4o or /ore 0ar+*shees hold*+0 depos*ts or cred*ts suff*c*e+t to sat*sfy the 1ud0/e+t, the 1ud0/e+t o2l*0or, *f a3a*la2le, shall ha3e the r*0ht to *+d*cate the 0ar+*shee or 0ar+*shees 4ho shall 2e re5u*red to del*3er the a/ou+t dueG other4*se, the cho*ce shall 2e /ade 2y the 1ud0/e+t o2l*0ee. The e.ecut*+0 sher*ff shall o2ser3e the sa/e procedure u+der para0raph =a> 4*th respect to del*3ery of pay/e+t to the 1ud0/e+t o2l*0ee. =@a, ,Ba> '( So, &hat are these 0ro0erties &hich may be the subject of garnishment8 *( Credits &hich include ban" de0osits, financial interests, royalties, commissions and other 0ersonal 0ro0erty not ca0able of manual deli ery ? intangibles bah: Hou send a notice u0on the 0erson o&ing such debts or ha ing in his 0ossession or control such credits. *nd it shall co er only such amount as &ill satisfy the judgment. Exam0le of garnishment( ban" account. - &ill file a case against you, talo "a. - learned that you ha e a de0osit &ith Sani"oh <an". !u&ede "ong habulin yan ba, because that is credit. -n obligations and contracts, the relationshi0 of the de0ositor and the ban" is that of a creditor and debtor. -t is not a contract of de0osit because actually, the ban" is borro&ing money from you. Naya nga, it 0ays you interest eh. So, under garnishment, the ban" is being commanded not to 0ay you but instead 0ay the sheriff. Haan:: Han ang conce0t ng garnishment. >arnishee refers to the debtor, li"e the ban". 7hen the ban" de0osit is garnished, the second 0aragra0h tell us &hat the ban" &ill do. *nd if there are 2 or more ban"s na ma9garnish, under the next 0aragra0h, the debtor obligor &ill determine. -f he does not exercise his o0tion, then the judgment creditor &ill determine. EXECUTION O" $U#%&ENT OT9ER T9!N &ONE) 22
Section 3A is the 0rocedure for executing a judgment other than to collect money. Sometimes, money is only incidental. There are court decisions could be something else li"e s0ecific 0erformance, or accion 0ubliciana. Hou are more interested in reco ering your 0ro0erty. *nother is ,nla&ful )etainer &here un0aid rentals may be 0aid but the 0laintiff is more interested in the ejectment ? the un0aid rentals can be collected in the same manner as Section 9. ec. ,7. E ecution of judgments of specific act. H 1a4 +on"eyance, de!i"ery of deeds, or other specific actsC "esting tit!e. @ If a 1ud0/e+t d*rects a party to e.ecute a co+3eya+ce of la+d or perso+al property, or to del*3er deeds or other docu/e+ts, or to perfor/ a+y other spec*f*c act *+ co++ect*o+ there4*th, a+d the party fa*ls to co/ply 4*th*+ the t*/e spec*f*ed, the court /ay d*rect the act to 2e do+e at the cost of the d*so2ed*e+t party 2y so/e other perso+ appo*+ted 2y the court a+d the act 4he+ so do+e shall ha3e l*ke effect as *f do+e 2y the party. If real or perso+al property *s s*tuated 4*th*+ the 'h*l*pp*+es, the court *+ l*eu of d*rect*+0 a co+3eya+ce thereof /ay 2y a+ order d*3est the t*tle of a+y party a+d 3est *t *+ others, 4h*ch shall ha3e the force a+d effect of a co+3eya+ce e.ecuted *+ due for/ of la4. =,7a> ..... E+*G!%ES of the first sentence( 3.4 *n action for recon eyance of 0ro0erty &here you are as"ing the defendant, a title o&ner, to con ey to you his 0ro0erty. The 0ro0erty &ill be held in trust or that the title be in your name instead of hisC 2.4 !acto de retro. - sold to you my land and - am re0urchasing it, 0ero aya& mo. Hou refuse to execute a deed of sale returning the 0ro0erty to meC 3.4 !ublic %and %a&. - am the o&ner of a 0ro0erty under homestead or free 0atent and sold it after the 0rohibition 0eriod. ,nder the 0ublic land la&, - ha e the right to re0urchase it &ithin 5 years. *ya& mong ibali", so idemanda "ita. .f course, if - &in, you &ill be directed to return to me the 0ro0erty and execute a deed of sale. #.4 *n action for s0ecific 0erformance to com0el you to return to me said 0ro0erty. *nd the court &ill order( (!right, e ecute a deed of sa!e. Hou refuse. The court may order the cler" of court to sign the deed of sale or the Register of )eeds &ill be ordered to register the same as if done by the obligor. The obligorMs signature is not needed. =2> )a!e of rea! or persona! property. H If the 1ud0/e+t 2e for the sale of real or perso+al property, to sell such property, descr*2*+0 *t, a+d apply the proceeds *+ co+for/*ty 4*th the 1ud0/e+t. =@ DcE a> The best exam0le for RbS is an action for termination of co9o&nershi0 &here there are 5A co9o&ners of one 134 hectare ? the 0ro0erty &ill be ordered sold and the 0roceeds &ill be distributed among the co9o&ners. =c> 6e!i"ery or restitution of rea! property. H The off*cer shall de/a+d of the perso+ a0a*+st 4ho/ the 1ud0/e+t for the del*3ery or rest*tut*o+ of real property *s re+dered a+d all perso+s cla*/*+0 r*0hts u+der h*/ to peacea2ly 3acate the property 4*th*+ three =3> 4ork*+0 days, a+d restore possess*o+ thereof to the 1ud0/e+t o2l*0eeG other4*se, the off*cer shall oust all such perso+s therefro/ 4*th the ass*sta+ce, *f +ecessary, or appropr*ate peace off*cers, a+d e/ploy*+0 23
such /ea+s as /ay 2e reaso+a2ly +ecessary to retake possess*o+, a+d place the 1ud0/e+t o2l*0ee *+ possess*o+ of such property. !+y costs, da/a0es, re+ts or prof*ts a4arded 2y the 1ud0/e+t shall 2e sat*sf*ed *+ the sa/e /a++er as a 1ud0/e+t for /o+ey. =,3a> /o&, &ith res0ect to Section 3A, 0articularly 0aragra0h RcS ? deli ery or restitution of real 0ro0erty. ? this is a00licable to actions for forcible entry, unla&ful detainer, accion 0ubliciana. '( So, &hat is the 0rocedure8 *( The sheriff &ill gi e the defendant the chance to acate the 0ro0erty, - am gi"ing you the chance to "acate within three 5=7 wor9ing days and restore possession thereof. *nd then aya& mo 0a rin, - &ill use force to oust you &ith the assistance of the a00ro0riate 0eace officers and 0lace the judgment obligee in 0ossession of such 0ro0erty. *nd if there are damages or un0aid rentals, - &ill also le y the 0ro0erty under Section 9. <ecause sometimes, aside from ousting the defendant, meron 0ang money judgment li"e un0aid rentals. So, the 0ro0erty of the defendant may be le ied. That is the 0rocedure. -n the 3995 case of !N &!NUE( "s. TU'! 6A9 CR! A88 9E(#( JThe immediate enforcement of a &rit of ejectment execution is carried out by gi ing the defendant a notice of such &rit and ma"ing a demand that defendant com0ly there&ith &ithin a reasonable 0eriod, normally from three 134 to fi e 154 days, and it is only after such 0eriod that the sheriff enforces the &rit by the bodily remo al of the defendant and his 0ersonal belongings.K 5d7 Remo"a! of impro"ements on property su8ject of e ecution . H Ihe+ the property su21ect of the e.ecut*o+ co+ta*+s */pro3e/e+ts co+structed or pla+ted 2y the 1ud0/e+t o2l*0or or h*s a0e+t, the off*cer shall +ot destroy, de/ol*sh or re/o3e sa*d */pro3e/e+ts e.cept upo+ spec*al order of the court, *ssued upo+ /ot*o+ of the 1ud0/e+t o2l*0ee after due hear*+0 a+d after the for/er has fa*led to re/o3e the sa/e 4*th*+ a reaso+a2le t*/e f*.ed 2y the court. =,Aa> '( 7hen you oust the defendant in regard of a 0ossession case, is a &rit of execution a sufficient basis for the remo al of im0ro ements of the 0ro0erty8 *( /.. ,nder 0aragra0h RdS, the 0laintiff or judgment obligee still ha e to get a s0ecial order from the court by filing a 0etition to authori@e the destruction or remo al of the im0ro ements of the 0ro0erty after the defendant is gi en a reasonable time to remo e his shanty or house oluntarily. -n other &ords, there must be a s0ecial order. The &rit of execution only authori@es you to oust the defendant 0hysically, but not to destroy any 0ro0erty. Just li"e in sEuatters, you need a s0ecial order for demolition. 5e7 6e!i"ery of persona! property. H I+ 1ud0/e+ts for the del*3ery of perso+al property, the off*cer shall take possess*o+ of the sa/e a+d forth4*th del*3er *t to the party e+t*tled thereto a+d sat*sfy a+y 1ud0/e+t for /o+ey as there*+ pro3*ded. =@a>
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!aragra0h ReS is related to RE!%EL-/ ? action to reco er 0ersonal 0ro0erty ? &here the 0laintiff is trying to re0ossess a 0ersonal 0ro0erty from the defendant. For exam0le, bili "a ng a00liance ta0os hindi mo nabayaran, baba&iin yan ng a00liance center. .r, the finance com0any or the car dealer &ill resort to re0le in to reco er the unit by filing an action for re0le in against the buyer. Ta"e note that the 0rocedure for enforcing a money judgment is different from enforcing a judgment for ejectment, or reco ery of 0ossession. Enforcement of money judgment is in Section 9 ? you get the money. Nung &alang money, you le y on the 0ro0erty of the defendant. -f it is ejectment or reco ery of 0ossession of 0ro0erty, you follo& Section 3A, 0aragra0h RcS. /o&, here is an interesting case in ol ing these t&o sections 1Sections 9 T 3A4 ?the 3995 case of !;INU$!R "s. COURT O" !''E!( 6A3 CR! B3, "!CT ( The case of *binujar started &hen the 0laintiff filed a case for unla&ful detainer against the *binujar s0ouses for the latter to acate their house in Ganila. 7hen the case &as going on, the 0arties executed a com0romise agreement &hich became the basis of the judgment by the court, so a com0romise judgment. The agreement stated that the *binujar s0ouses shall 0ay the 0laintiffs the amount s0ecifically agreed u0on( !5A,AAA on January 33C !3A,AAA on Febrauary 2$C !3A,AAA on Garch 33, etc. until Se0tember 3A. -t further states that failure on the 0art of the *binujar s0ouses to 0ay three 134 consecuti e 0ayments, the 0laintiffs shall be entitled to a &rit of execution. *fter three 134 months, the 0laintiffs filed a motion for execution on the ground that the *binujars failed to 0ay the three installments. The trial court granted the motion and the notice to the defendant to oluntarily acate the 0remises &as ser ed on the *binujars. The *binujars attac"ed the alidity of the sheriffMs notice to acate by &ay of enforcing the com0romise judgment. They maintained that their obligation is monetary and therefore you should a00ly Section 9 ? you collect but do not eject us. The 0laintiffs argued that &hat is a00licable is Section 3A on ejectment because this is an unla&ful detainer case. I UE( 7hich section shall be a00lied ? Section 98 or Section 3A8
9E(#( The contention of the *binujars is meritorious ? meaning, you cannot eject the *binujars. J7hen the 0arties entered into a com0romise agreement, the original action for ejectment &as set aside and the action &as changed to a monetary obligation. J* 0erusal of the com0romise agreement signed by the 0arties and a00ro ed by the inferior court merely 0ro ided that in case the *binujars failed to 0ay three monthly installments, the 0laintiffs &ould be entitled to a &rit of execution, &ithout s0ecifying &hat the subject of execution &ould be. Said agreement did not state that *binujars &ould be e icted from the 0remises subject of the suit in case of any default in com0lying &ith their obligation thereunder. This &as the result of the careless drafting thereof for &hich only 0laintiffs &ere to be blamed. J*s *binujarMs obligation under the com0romise agreement as a00ro ed by the court &as monetary in nature, 0laintiffs can a ail only of the &rit of execution 0ro ided in Section 9, and not that 0ro ided in Section 3A.K OR#IN!R) !N# 'ECI!( $U#%&ENT
25
ec. ,,. E ecution of specia! judgments. H Ihe+ a 1ud0/e+t re5u*res the perfor/a+ce of a+y act other tha+ those /e+t*o+ed *+ the t4o preced*+0 sect*o+s, a cert*f*ed copy of the 1ud0/e+t shall 2e attached to the 4r*t of e.ecut*o+ a+d shall 2e ser3ed 2y the off*cer upo+ the party a0a*+st 4ho/ the sa/e *s re+dered, or upo+ a+y other perso+ re5u*red there2y, or 2y la4, to o2ey the sa/e, a+d such party or perso+ /ay 2e pu+*shed for co+te/pt *f he d*so2eys such 1ud0/e+t. =9a> There are t&o 124 ty0es of judgment under the la&( 134 S!EC-*% and 124 .R)-/*RH. .R)-/*RH J,)>GE/T 9 if the judgment orders the defendant to 0ay money, li"e a collection case 1Section 94 or to deli er real or 0ersonal 0ro0erty 1Section 3A4. S!EC-*% J,)>GE/T ? is a judgment &hich reEuires the defendant to 0erform an act other than 0ayment of money or deli ery of 0ro0erty. -t refers to a s0ecific act &hich a 0arty or 0erson must 0ersonally do because his 0ersonal Eualifications and circumstances ha e been ta"en into consideration. E+*G!%E of a s0ecial judgment( ,sur0ation of go ernment office. Hou are the city treasurer and somebody else is a00ointed city treasurer and you refuse to acate. So there &ill be a Euo &arranto 0roceeding. Then the judgment &ill order you to acate your 0osition, such judgment is a s0ecial judgment because you are not ordered to 0ay anything nor deli er 0ro0erty. '( 7hat is the difference bet&een the .rdinary and S0ecial judgments8 *( * s0ecial judgment may be enforced by contem0t if the defendant refuses to com0ly &ith the judgment. <ut if it is an ordinary judgment and the defendant refuses to com0ly, it is not a ground for contem0t. ,nder Section 9, if the judgment9debtor refuses to 0ay his debt, you cannot cite him in contem0t because under the Constitution, no 0erson shall be im0risoned for debt. The correct 0rocedure under Section 9 is you loo" for 0ro0erties of the defendant and then i0a9le y mo. Hou do not send the debtor to jail. ,nder Section 3A if the sEuatter refuses to acate, you cannot cite him in contem0t and send him to jail. Nung aya&, you get 0olice for bac" u0. That is the 0rocedure. <ut under Section 33, if defendant is ordered to acate his office because he is no longer the city treasurer, the 0laintiff can ha e him arrested and brought to jail because that is a s0ecial judgment &hich can be enforced by contem0t. '( >i e an s0ecific rule on s0ecial judgment. *( Section 9 of Rule B5 ? S0ecial Ci il *ction for Certiorari, !rohibition and Gandamus, to &it( Rule 8B, ec 9. )er"ice and enforcement of order or judgment .H ! cert*f*ed copy of the 1ud0/e+t re+dered *+ accorda+ce 4*th the last preced*+0 sect*o+ shall 2e ser3ed upo+ the court, 5uas*H1ud*c*al a0e+cy, tr*2u+al, corporat*o+, 2oard, off*cer or perso+ co+cer+ed *+ such /a++er as the court /ay d*rect, a+d d*so2ed*e+ce thereto shall 2e pu+*shed as co+te/pt. !+ e.ecut*o+ /ay *ssue for a+y da/a0es or costs a4arded *+ accorda+ce 4*th sect*o+ , of Rule 39. =9a> Therefore, a judgement in a certiorari, 0rohibition or mandamus case, if not com0lied &ith, is 0unishable by contem0t.
26
ec. ,6. Effect of !e"y on e ecution as to third persons . H The le3y o+ e.ecut*o+ shall create a l*e+ *+ fa3or of the 1ud0/e+t o2l*0ee o3er the r*0ht, t*tle a+d *+terest of the 1ud0/e+t o2l*0or *+ such property at the t*/e of the le3y, su21ect to l*e+s a+d e+cu/2ra+ces the+ e.*st*+0. 13Ba4 This is related to !ro0erty Registration )ecree. E+*G!%E( - o&n a 0iece of land &hich - mortgaged &ith the ban". The ban" annotated the mortgage on my title. Gy land is no& subject to a lien or an encumbrance. - also o&e money to *. ;e sued me. ;e &on and my land is le ied. '( 7hat ha00ens to the mortgage lien of the ban"8 7ill it be affected by the le y of *8 *( /.. E en if the 0ro0erty is sold at 0ublic auction and &e &ill assume that it &ill go to *, that 0ro0erty is still under mortgage. * has to res0ect the lien ? nauna yung sa ban" eh: 7here er the 0ro0erty goes, it is subject to the mortgage lien of the ban" because the ban"Ms lien is su0erior. Therefore, an execution is al&ays subject to the liens and encumbrances of the 0ro0erty then existing. 'RO'ERTIE EXE&'T "RO& EXECUTION 7e already discussed the rule that to satisfy a money judgment, the sheriff can le y on the 0ro0erties of the judgment obligor. *ll 0ro0erties are subject, exce0t those exem0t from execution. 7hat are the 0ro0erties of a defendant9debtor &hich cannot be subject to a le y or execution8 ec. ,3. /roperty e empt from e ecution. H E.cept as other4*se e.pressly pro3*ded 2y la4, the follo4*+0 property, a+d +o other, shall 2e e.e/pt fro/ e.ecut*o+F =a> The 1ud0/e+t o2l*0orLs fa/*ly ho/e as pro3*ded 2y la4, or the ho/estead *+ 4h*ch he res*des, a+d la+d +ecessar*ly used *+ co++ect*o+ there4*thG Hou ha e a house &here your family resides. Hou call it JF*G-%H ;.GEK ? it is the house &here the members of the family reside, including the lot. '( For instance, you lost in a case &here you are liable for !2AAT. Hou ha e no other 0ro0erty left exce0t that house &here you li e. Can the sheriff le y the house to ans&er such obligations8 *( /.. The judgment obligorMs family home and the land necessarily used in connection there&ith is exem0t. That is a guarantee that no matter ho& many obligations you ha e, there is no &ay for you to be thro&n to the street ? to be a homeless 0erson. Hour house cannot be le iedC but in the Family Code, thereMs a limit, if your house is a mansion &orth millions, that is not exem0t. !lease re ie& your Family Code on this matter. =2> Ord*+ary tools a+d */ple/e+ts perso+ally used 2y h*/ *+ h*s trade, e/ploy/e+t, or l*3el*hoodG This is self9ex0lanatory. -f you are a car0enter, you earn your li ing by being a car0enter. 7hat are the ordinary tools that you must ha e8 Sa&, hammer, etc. <y 0ublic 0olicy and by legal 0ro ision, the tools and im0lements used by a car0enter in his trade, em0loyment, or li elihood cannot be le ied by the sheriff.
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,nder the 0rior la&, there &as no &ord J ordinaryK and Jpersona!!yK. The old la& says, too!s and imp!ements used 8y him. -n the ne& rules, the &ords J ordinaryK and Jpersona!!yK are added. 7hat is the reason behind this8 This 0ro ision is in accordance &ith &hat the SC ruled in the 399A case of 'ENT!%ON ECURIT) "s. $I&ENEC ,96 CR! A96 "!CT ( The !entagon Security and -n estigation *gency 1!S-*4 is a security agency o&ned by somebody &ho is engaged in security ser ices. <ecause of a money judgment against the agency in a labor case, the sheriff le ied all the firearms of the agency. !S-* claimed that the firearms are exem0t from execution under 0aragra0h RbS since they are tools and im0lements used by the agency in its trade, em0loyment or li elihood because ho& can a security agency o0erate &ithout firearms. I UE( -s the argument of !S-* correct8
9E(#( /.. The firearms o&ned by !S-* are not co ered by the exem0tion. JThe term Gtoo!s and imp!ementsB refers to instruments of husbandry or manual labor needed by an artisan craftsman or laborer to obtain his li ing. ;ere, !S-* is a business enter0rise. -t does not use the firearms 0ersonally, but they are used by its em0loyees. /ot being a natural 0erson, 0etitioner cannot claim that the firearms are necessary for its li elihood.K J-t &ould a00ear that the exem0tion contem0lated by the 0ro ision in ol ed is 0ersonal, a ailable only to a natural 0erson, such as a dentistMs dental chair and electric fan. -f 0ro0erties used in business are exem0t from execution, there can hardly be an instance &hen a judgment claim can be enforced against the business entity.K Geaning, if the exem0tion is extended to a juridical 0erson li"e a cor0oration, then 0ractically all the 0ro0erties needed by the business could be considered as tools and im0lements. For E+*G!%E, you &ill sue a carrier li"e <achelor <us and you &on. Then you &ill le y on the bus. <achelor &ill claims exem0tion because that is a tool or im0lement. .r, you file a case against !*%. They lost. Hou le y on the airbus. !*% alleged exem0tion because it is a tool or im0lement. Gy golly: %ahat ng 0ro0erties, too!s or imp!ements:K8 )i 0&ede yan: That is not &hat the la& contem0lates. /o&, &hat is interesting in the /E&'(,O& case is that the SC says that firearms can be le ied, they can be sold at 0ublic auction. SC( J;o&e er, for security reasons, and to 0re ent the 0ossibility that the firearms to be sold at the execution sale may fall into the hands of la&less and sub ersi e elements, the sale at 0ublic auction should be &ith the 0rior clearance and under su0er ision of the !/!.K .ther&ise, the 0ersons &ho might bid are "idna00ers, /!*, *bu Sayyaff, 1Nuratong <aleleng, G-%F, G/%F, %ost Command, Nulto !inish, !olgas, !*.CTF, .sama bin %aden et al, etc.4 So, there must be a 0rior clearance on the sale of the firearms during the auction sale. =c> Three horses, or three co4s, or three cara2aos, or other 2easts of 2urde+, such as the 1ud0/e+t o2l*0or /ay select +ecessar*ly used 2y h*/ *+ h*s ord*+ary occupat*o+G For exam0le, you are a farmer. Hou 0lo& your land by a carabao. Hou cannot le y the carabao. .R, if you are a cochero, you ha e a horse for your caretela. Hou cannot le y the horse. Rang horse shit, 0&ede: !ero yung horse mismo, di 0&ede:S *nd under the 0rior rules, only 2 horses, 2 co&s or carabaos are exem0t. The ne& rules ma"e it three 134. 28
=d> 9*s +ecessary cloth*+0 a+d art*cles for ord*+ary perso+al use, e.clud*+0 1e4elryG Hou cannot le y on the debtorMs &ardrobe. These are articles for ordinary 0ersonal use. This article excludes je&elry. *lahas, 0&ede i9le y. *ll other things for basic needs are exem0t, li"e 0ersonal comb, toothbrush, etc. =e> 9ousehold fur+*ture a+d ute+s*ls +ecessary for housekeep*+0, a+d used for that purpose 2y the 1ud0/e+t o2l*0or a+d h*s fa/*ly, such as the 1ud0/e+t o2l*0or /ay select, of a 3alue +ot e.ceed*+0 o+e hu+dred thousa+d pesosG ;ousehold furniture li"e dining table, dining chair, sala set, utensils necessary for house"ee0ing and used for the 0ur0ose by the obligor and his family li"e 0lates, for"s, s0oons. ;o& can you eat &ithout those utensils. <,T thereMs a limit that the alue does not exceed !3AA,AAA. -f the alue exceeds, it can be le ied. There &as a sheriff &ho as"ed me 1)ean -4. *ccording to him, he &as enforcing a money judgment. The sheriff &ent to the house of the debtor. ;e too" the stereo, TL set, refrigerator. )efendant said, Hindi pwede dahi! hindi pa uma8ot ng /$HH,HHH. Sabi "o, you loo" at the la&( Hou cannot le y those furnitures if not exceeding !3AA,AAA. -n my 1)eanMs4 ie&, co ered yan. <ut utensils not necessarily for li ing are not co ered by the exem0tion. They are luxury, not necessary. These TL, sala set, refrigerator can be le ied because they are not necessary for li ing as contrasted to "utsara, 0lato, etc. 1)ean ho&e er refused to ans&er the sheriff &hether the 0ro0erties in Euestion can be le ied. Tanungin mo ang abogado mo:4 =f> 'ro3*s*o+s for *+d*3*dual or fa/*ly use suff*c*e+t for four /o+thsG For exam0le, one sac" of rice for daily consum0tion, canned goods ? 0ro isions for consum0tion good for # months are exem0t. -f you ha e one bodega of rice, ibang storya yan. =0> The profess*o+al l*2rar*es a+d e5u*p/e+t of 1ud0es, la4yers, phys*c*a+s, phar/ac*sts, de+t*sts, e+0*+eers, sur3eyors, cler0y/e+, teachers, a+d other profess*o+al, +ot e.ceed*+0 three hu+dred thousa+d ='377,777.77> pesos *+ 3alueG Hour boo"s, boo"s of judges and 0rofessionals and eEui0ment ? maybe the com0uter, ty0e&riter, dentistMs chair, eEui0ment of engineers are exem0t 0ro ided the alue does not exceed !3AA,AAA. =h> O+e f*sh*+0 2oat a+d accessor*es +ot e.ceed*+0 the total 3alue of o+e hu+dred thousa+d =',77,777.77> pesos o4+ed 2y a f*sher/a+ a+d 2y the la4ful use of 4h*ch he ear+s h*s l*3el*hoodG Exam0le( Fishing boat of a fisherman, the accessories ? net, 0ro ided these do not exceed !3AA,AAA. =*> o /uch of the salar*es, 4a0es, or ear+*+0s of the 1ud0/e+t o2l*0or for h*s perso+al ser3*ces 4*th*+ the four /o+ths preced*+0 the le3y as are +ecessary for the support of h*s fa/*lyG
29
The salary of a 0erson &ithin # months is exem0t. For exam0le, you ha e bac"&ages of B months. .nly 2 months salary can be le ied. Exem0t ang # months. Technically, &ages and salaries are exem0t as long as they are necessary for su00ort of li ing. -f you earn a minimum &age, e erything may be exem0ted. <ut if you earn !5A,AAA a month and you su00ort only t&o 0eo0le, the court may le y on the excess. =1> (ettered 0ra3esto+esG %a0ida sa sementeryo, hindi 0&ede i9le y. 7hy &ill you le y on lettered gra estones8 Gy golly: =k> &o+*es, 2e+ef*ts, pr*3*le0es, or a++u*t*es accru*+0 or *+ a+y /a++er 0ro4*+0 out of a+y l*fe *+sura+ceG The 0roceeds of life insurance. The amount recei ed by the beneficiaries cannot be le ied, not a single centa o. =l> The r*0ht to rece*3e le0al support, or /o+ey or property o2ta*+ed as such support, or a+y pe+s*o+ or 0ratu*ty fro/ the %o3er+/e+tG The right to recei e legal su00ort. The right ba: For instance, a"o na lang ang mag recei e ng su00ort mo. ;indi 0&ede yan. *lso the money gi en monthly to you if you are recei ing su00ort cannot be le ied. *ny 0ension or gratuity from the go ernment ? >S-S 0ension, for exam0le. =/>'ropert*es spec*ally e.e/pted 2y la4. This is ery broad ? any other 0ro0erty exem0t by s0ecial la&. '( >i e an exam0le &here a 0ro0erty is exem0t from execution under the s0ecial la&8 *( The follo&ing( 3.4 !ro0erty obtained 0ursuant to a free 0atent a00lication, ;.GESTE*). That is not subject to any claim &ithin 5 years. Hou cannot e en sell that &ithin 5 years, ho& much more "ung embargohin sa iyo8 That is under C* 3#3 ? !ublic %and %a&C 2.4 ,nder Social %egislation, SSS benefits are also exem0t from execution, just li"e >S-S benefitsC 3.4 ,nder C*R! la&, the 0ro0erty acEuired by a tenant under that la& cannot be le ied also. Section 33, last 0aragra0h( ;ut +o art*cle or spec*es of property /e+t*o+ed *+ th*s sect*o+ shall 2e e.e/pt fro/ e.ecut*o+ *ssued upo+ a 1ud0/e+t reco3ered for *ts pr*ce or upo+ a 1ud0/e+t of foreclosure of a /ort0a0e thereo+. =,6a> The last 0aragra0h of Section 33 says that if for exam0le, you ordered boo"s and you failed to 0ay, you cannot claim the exem0tion because the obligation arose from the same item. For exam0le( <*R !R.<%EG( * la&yer &ent to *lemars 0rofessional boo"s su00ly. ;e bought boo"s &orth half a million. That &as utang ? !5AA,AAA. The store decided to sue the la&yer for such amount not 0aid. 30
The boo"store got a judgment. There &as a le y on the la&yerMs 0ro0erty. The sheriff le ied on the same boo"s &hich became the source of the case. The la&yer claimed exem0tion under Section 33 u0 to !3AA,AAA because it forms 0art of his 0rofessional library. -s the la&yer correct88 *( the la&yer is 7R./> because of the last 0aragra0h of Section 33 that no article or s0ecies of 0ro0erties mentioned in this section shall be exem0t from execution issued u0on a judgment reco ered for the 0rice or u0on a judgment of foreclosure of a mortgage thereon. 7hat the la& says, is the 0ro0erties mentioned here 1in Section 334 are exem0t, E+CE!T &hen that debt arose out of that 0ro0erty. For exam0le, here, &hy are you indebted to *lemars8 <ecause of un0aid boo"s. So the ery boo"s &hich ga e rise to an obligation are not exem0t from execution. <ut if another creditor &ill file a case against the la&yer, and that other creditor &ill &in, that creditor cannot le y on the boo"s because they are exem0t. <ut the creditor from &hom the boo"s &ere bought can le y on the same boo"s &hich ga e rise to an obligation. The same thing &ith F*G-%H ;.GE. For exam0le, you &ill build a family home and then, hindi mo binayaran ang materials, labor and there &as judgment against you. The creditor and the o&ner can le y on the house. ;e cannot claim exem0tion because the debt arose out of that same family home. *nother exam0le( Hou borro&ed money from the ban". Hou mortgaged your house. %ater on, you cannot 0ay the loan. The ban" foreclosed the mortgage. Hou cannot argue that your house cannot be le ied. Naya nga may utang "a because of your house. Since you mortgaged it, that is not co ered by the exem0tion. '( 7hat is the RE*S./ behind this exem0tion8 *( The reason for this exem0tion is !,<%-C !.%-CH. *nd common sense no8 ? the debtor should 0ay but this should not de0ri e him of a means to earn his li ing. Hou can le y on his 0ro0erty but not to the extent of de0ri ing him of his 0ro isions for su00ort, means of li elihood by thro&ing him on to the street, homeless, 0enniless, des0ondent, dejected, mournful, melancholy, forlornU %-FET-GE .F 7R-T .F E+EC,T-./ ? F-LE 154 HE*RS ec. ,A. Return of writ of e ecution. H The 4r*t of e.ecut*o+ shall 2e retur+a2le to the court *ssu*+0 *t *//ed*ately after the 1ud0/e+t has 2ee+ sat*sf*ed *+ part or *+ full. If the 1ud0/e+t ca++ot 2e sat*sf*ed *+ full 4*th*+ th*rty =37> days after h*s rece*pt of the 4r*t, the off*cer shall report to the court a+d state the reaso+ therefor. uch 4r*t shall co+t*+ue *+ effect dur*+0 the per*od 4*th*+ 4h*ch the 1ud0/e+t /ay 2e e+forced 2y /ot*o+. The off*cer shall /ake a report to the court e3ery th*rty =37> days o+ the proceed*+0s take+ thereo+ u+t*l the 1ud0/e+t *s sat*sf*ed *+ full, or *ts effect*3*ty e.p*res. The retur+s or per*od*c reports shall set forth the 4hole of the proceed*+0s take+, a+d shall 2e f*led 4*th the court a+d cop*es thereof pro/ptly fur+*shed the part*es. 133a4 ,nder the .%) R,%E, the lifetime of a &rit of execution is only BA days. *fter that, ex0ired na yung &rit. The sheriff has to use the &rit to le y on the 0ro0erty of the defendant &ithin BA days. -f the defendant has no 0ro0erty at 0resent, and the &rit has already ex0ired, and assuming that there &ill be some 0ro0erties found in the future, the 0rocedure under the old rules is, the 0laintiff has to file a motion for an *%-*S 7R-T of execution, because once it is issued, it is again good for another BA days. ,nder the !RESE/T R,%E, the BA9day 0eriod is already obsolete. The effecti ity no& of a &rit of execution is, for as long as the judgment may be enforced by motion. *nd under Section B, a judgment 31
may be enforced by motion &ithin fi e 154 years. So in effect, the &rit of execution is alid for F-LE 154 years. The lifetime no& has been extended from BA days to 5 years. .f course, as much as 0ossible, the &rit must be enforced &ithin 3A days and after that, the sheriff &ill tell the court about &hat ha00ened after 3A days. So, the sheriff says based on the RET,R/, Wa!a pang property ang defendant. /o&, he just "ee0s on holding the &rit. *nd maybe after one or t&o years, meron naMng 0ro0erty ang defendant, he can no& enforce the &rit. <ut definitely, there is no need for the defendant to go bac" to the court to as" for another alias &rit of execution because the &rit can still be enforced ? for as long as the judgment may be enforced by motion. *lthough e ery 3A days, the sheriff has to ma"e a 0eriodic re0ort &ith the court. - do not "no& if the sheriffs here follo& this 0rocedure. <ut definitely, a &rit is good for 5 years and in e ery 3A days, the sheriff has to ma"e a re0ort. /.T-CE .F S*%E ec. ,B. &otice of sa!e of property on e ecution. H ;efore the sale of property o+ e.ecut*o+, +ot*ce thereof /ust 2e 0*3e+ as follo4sF =a> I+ case of per*sha2le property, 2y post*+0 4r*tte+ +ot*ce of the t*/e a+d place of the sale *+ three =3> pu2l*c places, prefera2ly *+ co+sp*cuous areas of the /u+*c*pal or c*ty hall, post off*ce a+d pu2l*c /arket *+ the /u+*c*pal*ty or c*ty 4here the sale *s to take place, for such t*/e as /ay 2e reaso+a2le, co+s*der*+0 the character a+d co+d*t*o+ of the propertyG =2> I+ case of other perso+al property, 2y post*+0 a s*/*lar +ot*ce *+ the three =3> pu2l*c places a2o3eH/e+t*o+ed for +ot less that f*3e =B> daysG =c> I+ case of real property, 2y post*+0 for t4e+ty =67> days *+ the three =3> pu2l*c places a2o3eH/e+t*o+ed a s*/*lar +ot*ce part*cularly descr*2*+0 the property a+d stat*+0 4here the property *s to 2e sold, a+d *f the assessed 3alue of the property e.ceeds f*fty thousa+d ='B7,777.77> pesos, 2y pu2l*sh*+0 a copy of the +ot*ce o+ce a 4eek for t4o =6> co+secut*3e 4eeks *+ o+e +e4spaper selected 2y raffle, 4hether *+ E+0l*sh, "*l*p*+o, or a+y /a1or re0*o+al la+0ua0e pu2l*shed, ed*ted a+d c*rculated or, *+ the a2se+ce thereof, ha3*+0 0e+eral c*rculat*o+ *+ the pro3*+ce or c*tyG =d> I+ all case, 4r*tte+ +ot*ce of the sale shall 2e 0*3e+ to the 1ud0/e+t o2l*0or, at least three =3> days 2efore the sale, e.cept as pro3*ded *+ para0raph =a> hereof 4here +ot*ce shall 2e 0*3e+ at a+y t*/e 2efore the sale, *+ the sa/e /a++er as perso+al ser3*ce of plead*+0s a+d other papers as pro3*ded 2y sect*o+ 8 of Rule ,3. The +ot*ce shall spec*fy the place, date a+d e.act t*/e of the sale 4h*ch should +ot 2e earl*er tha+ +*+e oLclock *+ the /or+*+0 a+d +ot later tha+ t4o oLclock *+ the after+oo+. The place of the sale /ay 2e a0reed upo+ 2y the part*es. I+ the a2se+ce of such a0ree/e+t, the sale of real property or perso+al property +ot capa2le of /a+ual del*3ery shall 2e held *+ the off*ce of the clerk of court of the Re0*o+al Tr*al Court or the &u+*c*pal Tr*al Court 4h*ch *ssued the 4r*t or 4h*ch 4as des*0+ated 2y the appellate court. I+ the case of perso+al property capa2le of /a+ual del*3ery, the sale shall 2e held *+ the place 4here the property *s located. =,@a> *uction sale follo&s le y. There must be notices because auction sale is o0en to the 0ublic. /otices must be 0osted in 3 0ublic 0laces 0referably in the munici0al hall, 0ost office and 0ublic mar"et. -n 32
0aragra0h RcS, if the 0ro0erty to be sold is RE*% 0ro0erty, the notices must describe the 0ro0erty, its location, assessed alue if exceeding !5A,AAA. *side from notices, the la& reEuires !,<%-C*T-./ in a ne&s0a0er so that many 0eo0le can read it. Hou try to go there in the ;all of Justice, may bulletin board diyan sa labas. /otices are 0osted there. -f you are interested in buying something, 0ara mura, tingnan mo diyan. The la& is ery detailed no&. The notice must s0ecify the date of the sale, time, 0lace etc. *nd the SC ruled that these reEuirements are to be strictly com0lied &ith. For exam0le( Hou do not com0ly &ith the 0osting in 3 cons0icuous 0laces. )ala&a lang sa iyo, that is L.-). The SC said the reEuirements of the la& for the holding of the 0ublic auction should be strictly follo&ed. 7hy8 <ecause in a 0ublic auction, you are de0ri ing somebody of his 0ro0erty ? the judgment debtor. So, all the reEuirements of the la& intended to de0ri e the o&ner of his o&nershi0 o er his 0ro0erty should be follo&ed. E en la&yers sometimes do not 0ay much attention to this Rule 39. -t is 0erha0s because of length of the rule or the length of the 0ro isions. %a&yers usually ha e a general idea, not really details. .ftentimes, they rely on the sheriff eh. They 0resume that the sheriff "no&s more about details because the latter is res0onsible for enforcing it. *ctually, the sheriff "no&s less than la&yers because many of them are not la&yers naman eh. -llustration based on )eanMs ex0erience( There is a 0ro0erty located in !anacan &hich is o&ned by Cor0oration +. Cor0oration + sold the 0ro0erty to Cor0oration H. 1xx end of ta0e xx4 )ean does not "no& &ho &as at fault. )efinitely, the custodian, instead of registering the transaction in the Register of )eeds so that a title may be issued in the name of the buyer, tinago: /alimutan ang 0ag9register ng )eed of Sale. Hun 0ala, the seller, Cor0oration +, has a creditor also in )a ao. The creditor sued Cor0oration + for a sum of money. Cor0oration + lost the case and the creditor loo"ed for 0ro0erty to le y. ;e found that 0iece of land in !anacan. Cor0oration + said, naibenta na iyan. The buyer, Cor0oration H did not "no& there &as an auction sale of that 0ro0erty. The buyer entered into a deal &ith a cor0oration in Ja0an. .ne of the reEuirements of the Ja0anese buyer is( 0lease list do&n all your assets, all your 0ro0erties. .f course, Cor0oration H included that land in !anacan in the list. Saan man ang titulo8 7alaaa. /alimutan i9register. 7ho should bear the loss88 The <,HER C.R!.R*T-./ because he did not register the sale. ;e &as gi en the o0tion to 0ay the loan 0lus !2AA,AAA damages and interest. <ut if Rule 39 is to be follo&ed strictly, )ean says the sheriff cannot ma"e it. Geron talagang malimutan because sheriffs usually are not la&yers. Rule 39 is so detailed that you cannot easily follo& the reEuirements. -sa9isahin mo iyan, 0ag may na"ita "ang mali, you file a motion to annul the execution. - 1)ean4 said( - &ill recommend to the 0laintiff com0any na bayaran "a rin 0ero hindi naman !2AA,AAA. Gasyadong mala"i yan. /a"abayad na ang buyer sa o&ner ta0os babayaran 0a rin ang utang sa creditor8 - tal"ed to the cor0oration and made a com0romise. 7e settled for !$A,AAA. Nung aya& niya ituloy ang "aso. ;indi nga na9register and )eed of Sale 0ero mali9mali naman ang le y. 7hat if ma9annul ang le y, the 0laintiff &ill get nothing. Chances are, hahabulin niya ang seller ng 0ro0erty. So, this is an exam0le of a dead case being resurrected to life because of the 0rinci0le( nag"amali ang sheriff sa execution. )ean also stressed that if the trial for annulment of the execution 0roceeds, the court might dismiss it because the sheriffMs mista"es ay maliit lang. -tMs not really substantial. <ut )ean is 0roud that he had succeeded to scare the 0laintiff: Rehem:S TERCERI! 1T;-R)9!*RTH C%*-G4 the the the the
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ECTION ,8. /roceedings where property c!aimed 8y third person. - If the property le3*ed o+ *s cla*/ed 2y a+y perso+ other tha+ the 1ud0/e+t o2l*0or or h*s a0e+t, a+d such perso+ /akes a+ aff*da3*t of h*s t*tle thereto or r*0ht to the possess*o+ thereof, stat*+0 the 0rou+ds of such r*0ht or t*tle, a+d ser3es the sa/e upo+ the off*cer /ak*+0 the le3y a+d a copy thereof upo+ the 1ud0/e+t o2l*0ee, the off*cer shall +ot 2e 2ou+d to keep the property, u+less such 1ud0/e+t o2l*0ee, o+ de/a+d of the off*cer, f*les a 2o+d appro3ed 2y the court to *+de/+*fy the th*rdH party cla*/a+t *+ a su/ +ot less tha+ the 3alue of the property le3*ed o+. I+ case of d*sa0ree/e+t as to such 3alue, the sa/e shall 2e deter/*+ed 2y the court *ssu*+0 the 4r*t of e.ecut*o+. No cla*/ for da/a0es for the tak*+0 or keep*+0 of the property /ay 2e e+forced a0a*+st the 2o+d u+less the act*o+ therefor *s f*led 4*th*+ o+e hu+dred t4e+ty days fro/ the date of the f*l*+0 of the 2o+d. The off*cer shall +ot 2e l*a2le for da/a0es for the tak*+0 or keep*+0 of the property, to a+y th*rdHparty cla*/a+t *f such 2o+d *s f*led. Noth*+0 here*+ co+ta*+ed shall pre3e+t such cla*/a+t or a+y th*rd perso+ fro/ 3*+d*cat*+0 h*s cla*/ to the property *+ a separate act*o+, or pre3e+t the 1ud0/e+t o2l*0ee fro/ cla*/*+0 da/a0es *+ the sa/e or a separate act*o+ a0a*+st a th*rdHparty cla*/a+t 4ho f*led a fr*3olous or pla*+ly spur*ous cla*/. Ihe+ the 4r*t of e.ecut*o+ *s *ssued *+ fa3or of the Repu2l*c of the 'h*l*pp*+es, or a+y off*cer duly represe+t*+0 *t, the f*l*+0 of such 2o+d shall +ot 2e re5u*red, a+d *+ case the sher*ff or le3y*+0 off*cer *s sued for da/a0es as a result of the le3y, he shall 2e represe+ted 2y the ol*c*tor %e+eral a+d *f held l*a2le therefore, the actual da/a0es ad1ud0ed 2y the court shall 2e pa*d 2y the Nat*o+al Treasurer out of such fu+ds as /ay 2e appropr*ated for the purpose. =,?a> Section 3B is a third90arty claim 0rocedure in execution. -n S0anish, it is called the remedy of 'ER+ER-(. -%%,STR*T-./( %olo decided to go on a 0rolong acation and he entrusted to 1aren 5ang pa8orito ni 4o!o7 all his 0ersonal 0ro0erty li"e a00liances ? TL, refrigerator, car, etc. Naren used the 0ro0erty o&ned by %olo &hile he &as not around. ,n"no&n to %olo, Naren has a 0ending ci il case filed by >ina. >ina obtained a judgment against Naren. There &as le y on execution. The sheriff &ent to the 0remises of Naren, he found all these 0ro0erties and he enforced the le y. %olo came home and &ent to get the 0ro0erty from Naren. Naren said, they &ere all le ied by the sheriff. %olo is a 0erson &ho is not the defendant but his 0ro0erties &ere erroneously le ied because the sheriff thought they belong to Naren &ho &as in 0ossession of them. '( 7hat is the remedy of %olo &ho is not a defendant8 *( The remedy is to a00ly Section 3B, Rule 39 ? Hou file &ith the sheriff, co0y furnish >ina, &hat is "no&n as the third90arty claim or TERCER-*. Terceria is an affida it asserting that he is the o&ner of the 0ro0erty le ied. So &ith that the sheriff is no& 0laced on guard because the sheriff may be held liable if he continues to sell the 0ro0erty of the defendant. So, he is not bound to the 0roceedings regarding the sale unless the judgment obligee, on demand of the sheriff, files a bond a00ro ed by the court to indemnify a third 0arty claimant in the sum not less than the alue of the 0ro0erty le ied on. Su00ose sabi ni >ina( Huwag 9ang maniwa!a diyan. 1a!o9ohan iyan. 6rama !ang yan ni 1aren at 4o!o. /roceed with the auction sa!eI >ina has to file a bond if he insists that the auction sale must 0roceed. >ina must 0ut u0 a bond a00ro ed by the court to indemnify the third90arty claimant, a sum not less than the alue of the 0ro0erty. -f the 0ro0erty is &orth half a million, the bond must also be half a million. Then auction sale may 0roceed because thereMs already a bond to ans&er for the damages. The sale may go on des0ite the third 0arty claim.
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T;-R)9!*RTH C%*-G "s. T;-R) !*RTH C.G!%*-/T /o&, do not confuse a third90arty claim under Rule 39 &ith a third90arty com0laint under Rule B. '( 7hat is a third90arty com0laint under Rule B8 *( * third90arty com0laint under Rule B is a !%E*)-/> filed by a defendant against the third 0erson not a 0arty to the action for contribution, indemnity, subrogation, or any other relief in res0ect of the 0laintiffMs com0laint. '( 7hat is a third90arty claim under Rule 398 *( * third90arty claim 1terceria4 under R,%E 39 is an *FF-)*L-T made by a third 0erson &ho claims to be entitled to the 0ro0erty in the custody of a sheriff by irtue of a &rit of execution. The one &ho files a third 0arty claim is technically called third90arty C%*-G*/T. The one &ho files a third 0arty com0laint is called third90arty !%*-/T-FF. - notice that e en in SC decisions, the SC commits that la0se( 'he defendant fi!ed a third party comp!aint or sometimes third party c!aimant. <ut actually, the correct term is third90arty 0laintiff. '( /o&, under the la&, &here &ill you file your third90arty claim8 *( Hou file it &ith the sheriff although legally, it is considered as it is filed in the court because the sheriff is only an agent of the court. The sheriff does not ha e the 0o&er to rule on the legal issues. .nly the judge can. *nd it is the court &hich decides on the alidity of a third 0arty claim. '( -f - am the third 0erson and - &ant to indicate my claim to that 0ro0erty, is a third 0arty claim 0rocedure the only remedy - ha e under the la&8 E en if thereMs a third 0arty claim, auction sale may 0roceed as long as thereMs a bond. <ut - &ant the auction sale not to 0roceed and - &ant the 0ro0erty to be returned in my fa or, do - ha e any other remedy8 *( HES. Second 0aragra0h( J&othing herein contained sha!! pre"ent such c!aimant or any third person from "indicating his c!aim to the property in a )E/(R('E (+'-O&. So, the remedy of third9 0arty claim is /.T exclusi e. There is nothing in Section 3B &hich says that a third 0erson is de0ri ed of a right to file a se0arate action. *s the la&yer of %olo, - ha e another o0tion( instead of filing a third 0arty claim, - &ould file a case in court ? the se0arate case &ould name >ina as the defendant. The cause of action is that the sheriff mista"enly or erroneously le ied the 0ro0erties not o&ned by Naren because - am the real o&ner. Since there &as a mista"en le y, - am also as"ing the court to declare the le y as null and oid, the auction sale should not 0roceed. The court might rule in my fa or, so a se0arate action is allo&ed. Thus, a third90arty claim is not the only remedy a ailable under the la& for the third 0arty claimant. The second 0art also contains a ne& 0ro ision, or pre"ent the judgment o8!igee from c!aiming damages in the same or a separate action against a third party c!aimant who fi!es a fri"o!ous or p!ain!y spurious c!aim. Remember that it is 0ossible for a third90arty claimant to be a dummy &hen it is a fri olous claim, &ithout basis or s0urious, 0ara tulungan lang niya ang defendant. There are 0eo0le li"e that. /o&, under the ne& la&, the 0re ailing 0arty has the right to claim damages against the third90arty claimant for filing fri olous claims. ;e can claim the damages in the same action or in a se0arate action. /o&, many 0eo0le do not really understand &hat is a third90arty claim, e en some la&yers(
35
'( Su00ose - am the la&yer of %olo, ba"it 0a a"o mag9file ng another case8 Can - not just com0lain to the court &hich rendered the decision8 Can - not just file a motion as"ing the judge to order the release of the 0ro0erty8 -s a se0arate action not a iolation of the rule against multi0licity of suits8 *( /.: Hou cannot bring out the issue to determine the o&nershi0 of the 0ro0erty. -/TERLE/T-./ here is not 0ro0er. R-s this not a ground for inter ention8 >R.,/)S F.R -/TERLE/T-./( 134 the inter enor has legal interest in the subject matterC 124 the inter enor has an interest in the success of either 0artiesC 134 the inter enor has an interest against both 0artiesC and 1#4 The inter enor is ad ersely affected by a distribution of a 0ro0erty in the custody of a court or an officer thereof.S The SC said H., C*//.T -/TERLE/E because under Rule 39, an inter ention can only be done at any time before judgment. <ut here in Rule 39, &e are no& on the stage of execution ? meron ng judgment: Ta0os na ang "asoU. R>ago::S -nter ention comes to late. The judge has already decided the case. /o&, ba"it bigyan mo naman siya ng bagong trabaho8 ThatMs another issue different from a case already tried. So, a se0arate action is the 0ro0er remedy. .n the other hand, such doctrine should be reconciled &ith &hat the SC said in the case of ) "s. #I C!)! ,@, CR! 3?@ 9E(#( -f your 0ro0erty &as erroneously le ied under Rule 39, you can see" relief from the ery same court &hich rendered the judgment by sim0ly filing a motion to Euestion the actuation of the sheriff, because execution is 0art of the 0rocess in that case and the sheriff is an officer of the court and the court has the com0lete control o er the actuation of the sheriff. Therefore, &hy reEuire the 3rd90arty to file another action &hen he can see" relief in the same case8 Geaning, the third 0arty can see" relief in the same case but only to determine &hether the sheriff acted rightly or &rongly, <,T not for the 0ur0ose of determining the issue of o&nershi0. 'uestions of o&nershi0 cannot be decided here. There must be a se0arate action for the issue of o&nershi0. J* third 0erson &hose 0ro0erty &as sei@ed by a sheriff to ans&er for the obligation of the judgment debtor may in o"e the su0er isory 0o&er of the court &hich authori@ed such execution. ,0on due a00lication by the third 0erson and after summary hearing, the court may command that the 0ro0erty be released from the mista"en le y and restored to the rightful o&ner or 0ossessor. 7hat said court can do in these instances, ho&e er, is limited to a determination of &hether the sheriff has acted rightly or &rongly in the 0erformance of his duties in the execution of judgment, more s0ecifically, if he has indeed ta"en hold of 0ro0erty not belonging to the judgment debtor. The court does not and cannot 0ass u0on the Euestion of title to the 0ro0erty, &ith any character of finality. -t can treat of the matter only insofar as may be necessary to decide if the sheriff has acted correctly or not.K So, the court that renders the judgment cannot decide on the issue of o&nershi0 to a third 0erson. So your remedy is to file another case. <ut in the case of 6-)+(?(, the court &hich renders the judgment can determine &hether the sheriff has acted &rongly or correctly. *nd if it is &rong it can order the 0ro0erty erroneously le ied to be released &ithout need of filing a se0arate action. '( So ho& do you reconcile the t&o doctrines8 *( -f it is ob ious that the sheriff committed a mista"e ? 3AAQ mista"e, i.e. he le ied 0ro0erty belonging to a third 0erson &ho is not a defendant ? to reEuire a third 0erson to go to court and file another case &ill be tedious. 7hy can he not see" relief from the same court8 *ny&ay if it is ery ob ious that the sheriff acted &rongly, that is only incidental. <ut &hen the issue is &hether the 0ro0erty is o&ned by the defendant or the third 0erson, and the issue is contro ersial ? &ho is the rightful o&ner ? that cannot be decided summarily by the court &hich
36
rendered decision. -t should be threshed out in an inde0endent se0arate ci il action. So that &ill be the consideration. The SC summari@ed all these remedies in the 3995 case of( E:!N%E(I T! "s. 'EN ER%! 6A6 CR! ?76 9E(#( The remedies of a third 0erson &hose 0ro0erty &as sei@ed by the sheriff to ans&er for the obligation of a judgment obligor are the follo&ing( 3. -n o"e the su0er isory 0o&er of the court &hich authori@ed such execution 1Sy s. )iscaya4C 2. Terceria 9 third 0arty claim 1Rule 39, Section 3B4C and 3. *ny 0ro0er action to indicate his claim to the 0ro0erty, meaning a se0arate ci il action. 1second 0aragra0h, Section 3B, Rule 394 So these are the three remedies of a third 0erson &hose 0ro0erty &as sei@ed by a sheriff to ans&er for the obligation of another 0erson. ec. ,?. /ena!ty for se!!ing without notice, or remo"ing or defacing notice. H !+ off*cer sell*+0 4*thout the +ot*ce prescr*2ed 2y sect*o+ ,B of th*s Rule shall 2e l*a2le to pay pu+*t*3e da/a0es *+ the a/ou+t of f*3e thousa+d ='B,777.77> pesos to a+y perso+ *+1ured there2y, *+ add*t*o+ to h*s actual da/a0es, 2oth to 2e reco3ered 2y /ot*o+ *+ the sa/e act*o+G a+d a perso+ 4*llfully re/o3*+0 or defac*+0 the +ot*ce posted, *f do+e 2efore the sale, or 2efore the sat*sfact*o+ of the 1ud0/e+t *f *t 2e sat*sf*ed 2efore the sale, shall 2e l*a2le to pay f*3e thousa+d ='B,777.77> pesos to a+y perso+ *+1ured 2y reaso+ thereof, *+ add*t*o+ to h*s actual da/a0es, to 2e reco3ered 2y /ot*o+ *+ the sa/e act*o+. =,9a> /otices in the auction sale should be 0osted in three 0ublic 0laces. For exam0le, you go to the hall of justice. Hou can see there a bulletin board, maraming na"alagay, half man niyan mga notice of 0ublic aution ba. /o&, do not go there and "unin ang mga 0a0el doon. <a"a multahan "a. Hou are not su00osed to remo e or deface them. ec. ,@. &o sa!e if judgment and costs paid. H !t a+y t*/e 2efore the sale of property o+ e.ecut*o+, the 1ud0/e+t o2l*0or /ay pre3e+t the sale 2y pay*+0 the a/ou+t re5u*red 2y the e.ecut*o+ a+d the costs that ha3e 2ee+ *+curred there*+. 12Aa4 '( Can the debtor sto0 the auction sale8 -s there a &ay for the debtor to 0re ent the sale of his 0ro0erty8 *( HES, if the obligor 0ay the amount reEuired by the execution and the costs ? bayaran mo lahat ang utang mo, Pdi &ala na. ThatMs &hat the la& says. For exam0le, the ban" is foreclosing your mortgage and sell the 0ro0erty at 0ublic auction. To sto0 the ban" from 0roceeding &ith the sale, you go to the ban" and 0ay all your obligations. So, &ala ng auction sale. <ut you ha e to 0ay all. 1a!ahati !ang ang 8ayaran 9o. *h, hindi 0uydi yan. ec. ,9. How property so!d on e ecutionC who may direct manner and order of sa!e. !ll sales of property u+der e.ecut*o+ /ust 2e /ade at pu2l*c auct*o+, to the 37
h*0hest 2*dder, to start at the e.act t*/e f*.ed *+ the +ot*ce. !fter suff*c*e+t property has 2ee+ sold to sat*sfy the e.ecut*o+, +o /ore shall 2e sold a+d a+y e.cess property or proceeds of the sale shall 2e pro/ptly del*3ered to the 1ud0/e+t o2l*0or or h*s author*Ked represe+tat*3e, u+less other4*se d*rected 2y the 1ud0/e+t or order of the court. Ihe+ the sale *s of real property, co+s*st*+0 of se3eral k+o4+ lots, they /ust 2e sold separatelyG or, 4he+ a port*o+ of such real property *s cla*/ed 2y a th*rd perso+, he /ay re5u*re *t to 2e sold separately. Ihe+ the sale *s of perso+al property capa2le of /a+ual del*3ery, *t /ust 2e sold 4*th*+ 3*e4 of those atte+d*+0 the sa/e a+d *+ such parcels as are l*kely to 2r*+0 the h*0hest pr*ce. The 1ud0/e+t o2l*0or, *f prese+t at the sale, /ay d*rect the order *+ 4h*ch property, real or perso+al, shall 2e sold, 4he+ such property co+s*sts of se3eral k+o4+ lots or parcels 4h*ch ca+ 2e sold to ad3a+ta0e separately. Ne*ther the off*cer co+duct*+0 the e.ecut*o+ sale, +or h*s deput*es, ca+ 2eco/e a purchaser, +or 2e *+terested d*rectly or *+d*rectly *+ a+y purchase at such sale. =6,a> Execution sale shall be done at 0ublic auction. The 0ublic is in ited to bid "aya may 0ublic notice. There are e en 0ublication for real 0ro0erty JT. T;E ;->;EST <-))ER.K ;o& does it ha00en8 /ormally, ang unang magbi9bid diyan is iyong creditor. *nd normally, his bid &ill be eEual to the judgment in his fa or. For exam0le, the judgment against < is !3 million &hich includes 0rinci0al and interest. *ng bid "o !3 million din. ."ay lang, bahala "a "ung sinong mas mataas diyan. That is ho& it normally ha00ens. '( /o&, su00ose there are many 0ro0erties le ied. 7hat is the 0rocess8 *( Hou sell them one by one. ;indi 0&ede sabay9sabay. RGaysa9maysa laeng balong:S *fter sufficient 0ro0erty has been sold and that is enough to satisfy the debt, then do not sell anymore. )o not sell more than &hat is necessary to satisfy the judgment. When the sa!e is of rea! property, consisting of se"era! 9nown !ots, they must 8e so!d separate!y. Hears ago, - &itnessed an auction sale of subdi ision here. .b iously, the o&ner of the subdi ision could not 0ay his account. So there &as a 0ublic auction. .f course, the subdi ision consists of more than 3AA lots V iba9iba ang location, may ma0a eh. /o&, you cannot say, (!right, $FH !ots. /i!a manA ;indi 0uydi iyan. -sa9isa da0at ? %ot W3, lot W2, lot W3U 9aya pa 8a iyanA - may 8e interested to 8uy on!y one !ot. So, lot W3, highest bidder, lot W2Uuntil the 0roceeds are enough to satisfy the account. So hindi 0&edeng one time, gara0alan iyan, "a0al ng sheriff niyan. 0ga $JH !ots ah hindi 0&ede iyanV isa9isa da0at. That is ho& tedious it is. The la& says, the debtor, if he is 0resent, he can inter ene. ;e says, (!right, unahin mo muna ito because he may "no& of somebody &ho is &illing to buy his 0ro0erty. So he can tell the sheriff, -f you want to se!! unahin mo muna ito 8ecause merong ma!a9ing 8ayad yan eh in order for his other 0ro0erties to be sa ed from the execution. /o&, the last 0aragra0h, the last sentence says, J neither the officer conducting the e ecution sa!e, nor his deputies, can 8ecome a purchaser, nor 8e interested direct!y or indirect!y in any purchase at such sa!eK. So the sheriff and his de0uty cannot 0artici0ate in the auction, these are 0rohibited interest. - thin" there is also a 0rohibition in the Ci il Code on this V on 0rohibited sales. The judge cannot be interested in the sale of a 0ro0erty &hich is the subject matter of the litigation. The la&yer here cannot 0urchase a 0ro0erty in ol ing a case &hich he handled, to 0re ent conflict of interest.
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ec. 67. Refusa! of purchaser to pay. If a purchaser refuses to pay the a/ou+t 2*d 2y h*/ for property struck off to h*/ at a sale u+der e.ecut*o+, the off*cer /ay a0a*+ sell the property to the h*0hest 2*dder a+d shall +ot 2e respo+s*2le for a+y loss occas*o+ed there2yG 2ut the court /ay order the refus*+0 purchaser to pay *+to the court the a/ou+t of such loss, 4*th costs, a+d /ay pu+*sh h*/ for co+te/pt *f he d*so2eys the order. The a/ou+t of such pay/e+t shall 2e for the 2e+ef*t of the perso+ e+t*tled to the proceeds of the e.ecut*o+, u+less the e.ecut*o+ has 2ee+ fully sat*sf*ed, *+ 4h*ch e3e+t such proceeds shall 2e for the 2e+ef*t of the 1ud0/e+t o2l*0or. The off*cer /ay thereafter re1ect a+y su2se5ue+t 2*d of such purchaser 4ho refuses to pay. =66a> *uction sale( We are now going to se!! this piece of property. (!right, highest 8idderK/$H,HHH, ne t /$$,HHH, /$D,HHH, /$=,HHH. Sabi noong isa, (!right, /LH,HHHI SheriffM (ny other 8idAKwa!a naA O9 wa!a naI then, itBs so!d to you. )aan ang pera moA <idder( Wa!a a9ong pera, 8iro !ang iyon. Gy golly: !&ede "ang i9contem0t niyan ba: #nagpapatawa, hindi naman 9a!8oI% Hou can be declared in contem0t of court. ;indi ito biruan. This is a 0roceeding. So &e &ill re0eat the 0rocedure "asi &ala man. Nalo"ohan 0ala ito. <&iset: '( Gay he bid again8 *( /o more. The officer may thereafter reject any subseEuent bid of such 0urchaser &ho refused to 0ay. So do not fool around there &hen you ma"e a bid. Hou must be serious and you must be ready to 0ay for you bid. ec. 6,. >udgment o8!igee as purchaser. Ihe+ the purchaser *s the 1ud0/e+t o2l*0ee, a+d +o th*rdHparty cla*/ has 2ee+ f*led, he +eed +ot pay the a/ou+t of the 2*d *f *t does +ot e.ceed the a/ou+t of h*s 1ud0/e+t. If *t does, he shall pay o+ly the e.cess. =63a> '( Can the judgment obligee ? the creditor90laintiff ? 0artici0ate in the auction sale8 *( HES, under Section 23. The sale is o0en to the 0ublic. *s a matter of fact, in normal auction sale, the first bidder is the 0laintiff himself. *( Su00ose, he is the highest bidder. So the 0ro0erty is declared sold to him. -s he obliged to 0ay his bid8 *( >E/ER*% R,%E( /.. 7hy8 Hou sim0ly a00ly the la& on com0ensation ? - o&e you money on the 0urchase 0rice for your 0ro0erty but you also o&e me money based on the judgment. So Euits na tayo. 7ala ng bayaran: -yang 0ro0erty na ang 0ina"a9bayad mo. E+CE!T-./( T&o 124 instances &hen obligee may be reEuired to 0ay for his bid( 3.4 7hen his bid is higher than the judgment. So he has to 0ay the cash for the excess or E+*G!%E( The judgment in my fa or is !3 million, my bid is !3.2 million and -Mm the highest bidder. So - ha e to 0ay you the balance, the !2AA,AAA because that is more than the judgment in my fa or. 2.4 &hen the 0ro0erty &hich is to be sold is a subject of a third 0arty claim because it is really contro ersial &hether the 0ro0erty is really o&ned by the judgment debtor. So, if there is a 3rd 0arty claim, he has to 0ay because it is contro ersial 9 as to &ho really is the o&ner of the 0ro0erty. .f course, iyong 0era na"a9de0osit iyan. Hour money 39
&ill be returned to you if it turns out the claim is fri olous. -f the third 0arty claim turns out to be alid, it &ill be gi en to the real o&ner because the 0ro0erty that you bought turned out to be o&ned by somebody &ho is not your debtor. ec. 66. (djournment of sa!e. ;y 4r*tte+ co+se+t of the 1ud0/e+t o2l*0or a+d o2l*0ee, or the*r duly author*Ked represe+tat*3es, the off*cer /ay ad1our+ the sale to a+y date a+d t*/e a0reed upo+ 2y the/. I*thout such a0ree/e+t, he /ay ad1our+ the sale fro/ day to day *f *t 2eco/es +ecessary to do so for lack of t*/e to co/plete the sale o+ the day f*.ed *+ the +ot*ce or the day to 4h*ch *t 4as ad1our+ed. =6Aa> Su00ose the auction sale &as scheduled today. ;indi nata0os because there are many 0ro0erties to be sold li"e 2AA lots. Then &e can continue tomorro&. Su00ose &e &ill continue next &ee". Then both 0arties must agree by &ritten consent of the judgment obligor and obligee if &e &ill 0ost0one it to another date na mas malayo. '( )o you "no& &hy these things are ery im0ortant8 *( <ecause you already ad ertised that it &ill be held on this day. So any change on the date has to be strictly com0lied &ith. ThatMs the reason behind these. '( /o&, &hat 0ro0erties can be sold at 0ublic auction8 *( -tMs either 0ersonal 0ro0erty or real 0ro0erty. 7e are sure about that. T7. TH!ES .F !ERS./*% !R.!ERTH( 3.4 one ca0able of manual deli eryC and 2.4 one not ca0able of manual deli ery ? iyong mga intangibles ba: '( 7hat is the 0rocedure for the sale of 0ersonal 0ro0erty ca0able of manual deli ery and one not ca0able of manual deli ery8 *( Hou ha e Section 23 and Section 2#. '( 7hen it comes to real 0ro0erty, &hat is the 0rocedure8 *( The 0rocedure is Section 25. So letMs go o er there, con eyance to 0urchaser of 0ersonal 0ro0erty ca0able of manual deli ery. %i"e a car and a00liance or any other tangible object. ec. 63. +on"eyance to purchaser of persona! property capa8!e of manua! de!i"ery. Ihe+ the purchaser of a+y perso+al property, capa2le of /a+ual del*3ery, pays the purchase pr*ce, the off*cer /ak*+0 the sale /ust del*3er the property to the purchaser a+d, *f des*red, e.ecute a+d del*3er to h*/ a cert*f*cate of sale. The sale co+3eys to the purchaser all the r*0hts 4h*ch the 1ud0/e+t o2l*0or had *+ such property as of the date of the le3y o+ e.ecut*o+ or prel*/*+ary attach/e+t. =6Ba> ec. 6A. +on"eyance to purchaser of persona! property not capa8!e of manua! de!i"ery. Ihe+ the purchaser of a+y perso+al property, +ot capa2le of /a+ual del*3ery, pays the purchase pr*ce, the off*cer /ak*+0 the sale /ust e.ecute a+d del*3er to the purchaser a cert*f*cate of sale. uch cert*f*cate co+3eys to the purchaser all the r*0hts 4h*ch the 1ud0/e+t o2l*0or had *+ such property as of the date of the le3y o+ e.ecut*o+ or prel*/*+ary attach/e+t. =68a> 40
'( 7hat is the 0rocedure for the sale of 0ro0erty ca0able of manual deli ery8 *( 7hen the 0ro0erty is C*!*<%E .F G*/,*% )E%-LERH, and you are the highest bidder, - &ill deli er the car to you, and execute and deli er to you a certificate of sale. The certificate of sale should be signed by the sheriff to 0ro e that you are the highest bidder. *nd &ith that certificate of sale, you can register that &ith the %T.. *utomatically, the %T. &ill transfer the o&nershi0 and the registration of the car in your name. '( 7hat is the 0rocedure for the sale of 0ro0erty /.T C*!*<%E .F G*/,*% )E%-LERH8 Gga intangible assets8 *( There is nothing to 0hysically gi e you. <ut according to Section 2#, the officer ma"ing the same must execute and deli er to the 0urchaser a certificate and that is actually tantamount to deli ery already. '( 7hen you buy a 0ersonal 0ro0erty at an auction sale and the sheriff executes a certificate of sale in your fa or, do you become the o&ner of the 0ro0erty8 *( <oth sections say, the sa!e con"eys to the purchaser a!! the rights which the judgment o8!igor ha"e in such property as of the date of the !e"y on e ecution. *t the sale, you acEuire all the rights &hich the obligor had in such 0ro0erty. Hou become the o&ner because you acEuire the judgment obligorMs right of o&nershi0 o er such 0ro0erty. <,T su00ose the obligor holding the 0ro0erty is not the o&ner of the 0ro0erty although he has some right o er the 0ro0erty and his rights &here sold, then you only acEuire &hate er rights he has o er the 0ro0erty. Hou do not acEuire o&nershi0. * s0ring cannot rise higher than its source. E+*G!%E( Hou are the defendant but you enjoy rights o er the 0ro0erty as usufructuary ? you are the beneficial o&ner of the 0ro0erty but not the na"ed o&ner. *nd your rights as usufructuary &ere le ied. - am the 0urchaser. Can - acEuire na"ed o&nershi08 .f course /.T. - only acEuire beneficial o&nershi0. - only acEuire &hate er right the debtor has o er the 0ro0erty. The SC made a commentary on that issue on the nature of the sheriffMs sale and one of &hich is the case of (E) ON "s. T!M!#! ,79 CR! 88 D,9@,E 9E(#( J*t a sheriffMs sale they do not sell the land ad ertised to sell, although that is a common acce0tation, but they sim0ly sell &hat interest in that land the judgment debtor hasC and if you buy his interest, and it after&ards de elo0s that he has none, you are still liable on your bid, because you ha e offered so much for his interest in o0en mar"et, and it is for you to determine before you bid &hat is his interest in the 0ro0erty.K So, it is for you to determine &hat his interest is before you bid. That is &hy you loo" at the sheriffMs notice of sale, meron mang &arning ba( &otice to prospecti"e 8idders. ?ou are ad"ised to find out whate"er interest the de8tor has. For E+*G!%E( Hou buy the land and it turns out na hindi 0ala may9ari iyong taong iyon, iba ang rights niya. Then you are to u0hold his rights, (h, - wi!! ho!d the sheriff !ia8!eI /o you cannot. There is no &arranty here on o&nershi0. So, do not confuse this &ith 0ri ate sale of 0ro0ertyV&arranty against e ictionV&ala iyan sa sheriffMs sale. The sheriff does not &arrant the o&nershi0 of the 0ro0erty. The la& only &arrants the guarantee that you &ill acEuire &hate er interest he has. *nd if his interest is less than &hat you
41
ex0ect, 0asensha "a. This is a case of +(;E(' E0/'OR N let the buyer be&are. That is the thing you ha e to remember about action sale. ec. 6B. +on"eyance of rea! propertyC certificate thereof gi"en to purchaser and fi!ed with registry of deeds. Upo+ a sale of real property, the off*cer /ust 0*3e to the purchaser a cert*f*cate of sale co+ta*+*+0F =a> ! part*cular descr*pt*o+ of the real property soldG =2> The pr*ce pa*d for each d*st*+ct lot or parcelG =c> The 4hole pr*ce pa*d 2y h*/G =d> ! state/e+t that the r*0ht of rede/pt*o+ e.p*res o+e =,> year fro/ the date of the re0*strat*o+ of the cert*f*cate of sale. uch cert*f*cate /ust 2e re0*stered *+ the re0*stry of deeds of the place 4here the property *s s*tuated. =6?a> -f the 0ro0erty sold at 0ublic auction is a 0iece of land 1real 0ro0erty4, the sheriff &ill execute in your fa or &hat is "no&n as the sheriffMs CERT-F-C*TE .F S*%E. *noMng na"alagay diyan8 -t is 0ractically &hat a normal deed of sale 0ro ides ? the descri0tion of the land, the 0ro0erty sold, the &hole 0rice 0aid, the lot if there are different 0arcels, ho& much 0er 0arcel. The im0ortant 0aragra0h is RdS( J( statement that the right of redemption e pires one 5$7 year from the date of the registration of the certificate of sa!eK. '( 7hat is the main difference bet&een a sale of 0ersonal 0ro0erty under Section 23 and sale of real 0ro0erty under Section 258 *( 7hen the 0ro0erty sold at 0ublic auction is real 0ro0erty, the debtor has one 134 year to redeem the 0ro0erty. ThatMs &hat you call the R->;T .F RE)EG!T-./ from the 0urchaser. <ut if the 0ro0erty sold at 0ublic auction is 0ersonal 0ro0erty, li"e cars or a00liances, there is no right of redem0tion. There is no right of redem0tion in 0ersonal 0ro0erty. That is only recogni@ed in real 0ro0erty. So if your 10ersonal4 0ro0erty is sold at 0ublic auction, and then there is a highest bidder, you cannot say, (nyway, pwede 9o namang 8awiin iyon. /., &ala iyang ba&i, "anya na yan. <ut if the 0ro0erty sold at 0ublic auction is real 0ro0erty, that is not "issing your land goodbye. Hou ha e one year to redeem it. That is your last chance. '( )ummaryM -f you are the highest bidder, &hen do you acEuire o&nershi0 of the 0ro0erty sold in a auction sale8 *( -t )E!E/)S &hether the 0ro0erty sold is 0ersonal or real( a.4 -f it is !ERS./*% !R.!ERTH, the title is transferred after 0ayment of the 0urchase 0rice and deli ery u0on the 0urchaser. )eli ery is either 0hysical or symbolicC 1Sections 23 T 2#4 b.4 -f it is RE*% !R.!ERTH, the title is transferred, not after the auction sale, but after ex0iration of the right to redeem. 1Section 254 There is no right of redem0tion under 0ersonal 0ro0erty. -t can only be exercised in real 0ro0erty. /o&, ta"e note that the 0eriod to redeem is ./E HE*R FR.G T;E )*TE .F T;E RE>-STR*T-./ of the certificate of sale in the office of the registrar of deeds. -t is /.T from the date of the auction sale. ,nder the old la&, malabo eh( from the date of sa!e. *nong sa!e8 )ate of the auction sale or date of the issuance of certificate of sale8 *ccording to the SC, the date of the registration. That is the start of the counting. Naya nga if there is a sale in your fa or, 0ag i9delay mo ang registration, i"a& ang 42
"a&a&a because the longer you delay it, the redem0tion 0eriod is being stretched. -nstead of cutting after one year, 0eriod of redem0tion has not been cut off "aya there must be a registration. ,nder the 0resent rule, the right of redem0tion ex0ires after one 134 year from the date of the registration of the certificate of sale. ,nder the old la&, it ex0ires after t&el e 1324 months. '( -s the Gone yearB under the 0resent rule and the G$D monthsB under the old rules the same8 *( /., and &e "no& that 32 months is 3BA days. .ne month is 3A days times 32 is 3BA days. <ut one year is 3B5 days. So they are not the same. ThatMs &hy before, the redem0tion 0eriod for extrajudicial foreclosure of mortgage is one year. *nd the redem0tion in execution under Rule 39 is 32 months. So there is a difference. <ut /.7, 0areho na. ThatMs &hy the old case of )'('E -&;E)'0E&' HO.)E &hen the SC made the distinction bet&een the one year 0eriod for mortgage and the 32 months 0eriod under Rule 39 is already GE*/-/>%ESS because the one year 0eriod. /.7 is uniform. '( Can you attac" the alidity of an auction sale8 *( >E/ER*% R,%E( /., you cannot attac" the auction sale on the 0resum0tion that e ery fair sale is final. There is a 0resum0tion of regular 0erformance of duty by the sheriff. E+CE!T-./( 7hen an execution may be set aside( 3.4 7hen it is sho&n from the nature of the irregularity or from intrinsic facts injury resulted therefrom. 1/a arro s. /a arro, 6B !hil. 3224 Geaning, there &ere serious irregularities committed by the officer in conducting the sale li"e no 0ublication, no notice, no 0rior le y, etc.C 2.4 7hen the 0rice obtained at the execution sale is shoc"ingly inadeEuate and it is sho&n that a better 0rice can be obtained at a resale. 1<arro@o s. Gacadaeg, $3 !hil. 36$4 Geaning, the highest bid is shoc"ingly inadeEuate. E+*G!%E( - o&ed you for !3AA,AAA ? !3AA,AAA ang judgment: *nd &hat is le ied is a brand ne& Gercedes <en@. So sobra na yon na 0ambayad sa utang. <ut the highest bid is !3A,AAA. Just imagine the highest bid is 3A,AAA, ta0os meron 0ang deficiency judgment for !6A,AAA ? of course, there is something &rong here. So, that is an exce0tion, no: That is, &hen the 0rice obtained at the execution sale is S;.CN-/>%H -/*)E',*TE to the senses and it is sho&n that a better 0rice can be obtained. G)hoc9ing to the sensesB means hindi naman yung the difference is ery slight. E+CE!T-./ T. T;E E+CE!T-./( The rule that you can Euestion the alidity of the auction sale if the 0rice obtained is shoc"ingly inadeEuate a00lies ./%H &hen the 0ro0erty sold is !ERS./*% 0ro0erty. The exce0tion does not a00ly &hen the 0ro0erty sold is real 0ro0erty because if the 0ro0erty sold is a 0ersonal 0ro0erty, there is no right of redem0tion. <ut if the 0ro0erty sold is real 0ro0erty, you cannot com0lain because, any&ay, you ha e one year to 0ay and the redem0tion 0rice is lo&er. So, you are not really 0rejudiced. So &hy are you com0laining8 ThatMs &hat the SC said in the case of R!&O "s. '!;(O ,A8 CR! B D,9@8E
43
9E(#( J* reading of 0laintiffs= 10etitioners=4 com0laint sho&s that inadeEuacy of 0rice &as raised as one of the issues. *ssuming that the 0rice &as shoc"ingly lo&, the same cannot itiate the auction sale for redem0tion &ould be com0arati ely easier.K That is because the 0ro0erty sold in R(0O) is real 0ro0erty. !ero "ung 0ersonal 0ro0erty, - thin" it is really unfair. Hou lose the 0ro0erty fore er &ith a ery small amount. ec. 68. +ertificate of sa!e where property c!aimed 8y third person. Ihe+ a property sold 2y 3*rtue of a 4r*t of e.ecut*o+ has 2ee+ cla*/ed 2y a th*rd perso+, the cert*f*cate of sale to 2e *ssued 2y the sher*ff pursua+t to sect*o+s 63, 6A a+d 6B of th*s Rule shall /ake e.press /e+t*o+ of the e.*ste+ce of such th*rdHparty cla*/. =6@a> -f the 0ro0erty sold at 0ublic auction is a subject of a third 0arty claim under Section 3B, the certificate of sale to the 0ro0erty is issued subject to the outcome of the third 0arty claim by a stranger. ec. 6?. Who may redeem rea! property so so!d. Real property sold as pro3*ded *+ the last preced*+0 sect*o+, or a+y part thereof sold separately, /ay 2e redee/ed *+ the /a++er here*+after pro3*ded, 2y the follo4*+0 perso+sF =a> The 1ud0/e+t o2l*0or, or h*s successor *+ *+terest *+ the 4hole or a+y part of the propertyG =2> ! cred*tor ha3*+0 a l*e+ 2y 3*rtue of a+ attach/e+t, 1ud0/e+t or /ort0a0e o+ the property sold, or o+ so/e part thereof, su2se5ue+t to the l*e+ u+der 4h*ch the property 4as sold. uch redee/*+0 cred*tor *s ter/ed a rede/pt*o+er. =69a> That is an im0ortant section. '( 7ho are entitled to redeem real 0ro0erty8 *( There are t&o 124( 3.4 The judgment obligor or his successor9in9interestC and 2.4 * creditor ha ing a lien by irtue of an attachment, judgment or mortgage on the 0ro0erty sold, su8se:uent to the lien under &hich the 0ro0erty &as sold. ;e is "no& as the RE)EG!T-./ER. >.6,0E&' O*4-,OR OR H-) ).++E))OR)@-&@-&'ERE)' Judgment obligor is clear ? the defendant &ho lost the case ? the defendant &hose 0ro0erty &as le ied. .r, his successor9in9interest. For E+*G!%E( )uring the one year 0eriod to redeem, the judgment debtor died. So it could be his heirs, his children, his s0ouse &ho could exercise the right to redeem because they ste0 into his shoes. *lso, successor9in9interest &ould also refer to a 0erson to &hom the obligor assigned or transferred his right to redeem. '( Can the defendant sell, aside from transferring, his right to another 0erson8 *( HES, because the right to redeem is 0ro0erty by itself. Gy right to redeem is also 0ro0erty such as an interest to the real 0ro0erty &hich can be the subject matter of a sale. E+*G!%E( J*lright, may 0ro0erty a"o &orth !5 million. /a9sheriff for !2 million. 7ala na, hindi "o na "aya. -benta "o sa iyo for !3 million. >i e me !3 million cash at i"a& na ang mag redeem sa 44
0urchaser.K >inansiya "a 0a rin di ba8 !5 million gud iyon. So - can sell, and once - sell the right to redeem to you, you are classified as successor9in9interest for the judgment obligor. RE6E0/'-O&ER '( )efine redem0tioner. *( * redem0tioner is a creditor ha ing a lien by irtue of an attachment, judgment or mortgage on the 0ro0erty sold, or on some 0art thereof, subseEuent to the lien under &hich the 0ro0erty &as sold. -%%,STR*T-./( Su00ose there is a title o&ned by + and he has four 1#4 creditors. %etMs say the 0ro0erty is &orth !3A million and he o&es * for !2 million. So * le ied the 0ro0erty. /o& thereMs another judgment in fa or of < and there is no other 0ro0erty, ito na lang. So ang gina&a ni <, tinata"an niya ? another !2 million. ,nder the %a& on %and Titles and )eeds, < has inferior rights. -n other &ords, the right of * is su0erior to the right of <. * has no obligation to res0ect the right of < but < is obliged to res0ect the right of *. *nd *ssuming that there is a third creditor ? C ? for another !2 million. Thus, subseEuent holder din si C. -f ) is also a creditor, a0at na sila. .f course, the right of * is su0erior. ;e le ies the 0ro0erty, may one year to redeem. Sabi ni +, Wa!a na a9ong property, so ano pang pa9ia!am 9o 9ay *A Su00ose + &ill not redeem, so * becomes the o&ner after one year. 7hat ha00ens to <, C and )8 <ura lahat "ayo because you are underneath. * has no obligation to res0ect your liens. -n other &ords, * acEuires the entire 0ro0erty for only !2G because hindi na interesado si +. Shem0re si < interesado. So < &ill 0ay * &ithin the redem0tion 0eriod 0ara matanggal si *. Hung utang ni + na !2G binayaran niya "ay *. So !# million na ang ha&a" ni <. *nd < &ill no& be the number one. < &ill no& acEuire the 0ro0erty. !ero sabi ni C, Hindi pwede iyan, !ugi a9oI Nasi 0agna9 acEuire na ni < ang 0ro0erty, 0atay na naman si C and ). Sabi ni C , *a8a8uyin, ah este *a8ayaran 9ita 5*7I O ayan ang /L mi!!ion. )a9sa9 mo sa 8aga moI ) can do the same thing to C. -yan ang tinata&ag na redem0tioners ? 0eo0le &ho ha e lien subseEuent because that is your only &ay to 0rotect your lien o er the 0ro0erty. *ny&ay, e en if ) &ill 0ay e erybody, hindi 0a rin lugi because the 0ro0erty is &orth !3A million. <ut he s0ent !$ million because he had to buy or redeem it from 0eo0le &ho are ahead of him. That is the illustration of redem0tioners, they ha e a 0ersonality or a right to redeem the 0ro0erty from &hoe er is ahead of him in order to 0rotect his lien o er the 0ro0erty because if he &ill not redeem, the Euic"est one &ill acEuire the 0ro0erty free from any lien or encumbrance. Eh, "ung &ala na yung 0ro0erty8 !atay na a"o. 7hat 0ro0erty &ill - get to satisfy the account &ala na a"ong 0ro0erty, isa nalang. That is the rule on redem0tion. That is &hat Section 26 is all about. Ta"e note that redem0tioners cannot redeem if the judgment debtor redeems. 1For Re ie& Class4 /o&, let us discuss the case of !*%-CTE "s. REG.%-TE, infa. This case is instructi e on the issue of right of redem0tion under Rule 39 in relation to s0ecial 0roceedings ? the estate of deceased 0erson. This is &hat ha00ened( '!(ICTE "s. RE&O(ETE ,BA CR! ,36 D,9@?E
45
"!CT ( * man lost a case and his 0ro0erties &ere le ied. So letMs say his 0ro0erties &ere le ied for !3 million. <ut during the 39year 0eriod of redem0tion, he died. *nd he is sur i ed by 5 children. *nd there is an administrator a00ointed by the court to administer the 0ro0erties of the deceased. )uring the one 0eriod to redeem, one of fi e children, siguro mayaman, redeemed the 0ro0erties of their father. Ta"e note that only one of the heirs redeemed the entire 0ro0erty from the judgment creditor9 obligee. *nd one of the issues raised is &hether one heir alone has the 0ersonality to redeem from the creditor the 0ro0erty of the estate &hen there is an administrator. Remember, ha ? the legal re0resentati e under the la&, is the administrator. I UE N,( So, &ho has the right to redeem8 The heir or the administrator8 9E(#( The ;E-R has the right to redeem. J*t the moment of the decedentMs death, the heirs start to o&n the 0ro0erty, subject to the decedentMs liabilities. -n fact, they may dis0ose of the same e en &hile the 0ro0erty is under administration. -f the heirs may dis0ose of their shares in the decedentMs 0ro0erty e en &hile it is under administration &ith more reason should the heirs be allo&ed to redeem redeemable 0ro0erties des0ite the 0resence of an administrator.K I UE N6( Gust the one redeeming 0ro e that the other co9heirs, the administrator and the court ex0ressly agreed to the redem0tion8 -s it necessary for him to get their consent8 9E(#( JThere is /. /EE) for such 0rior a00ro al. 7hile it may ha e been desirable, it is not indis0ensable. There is li"e&ise nothing in the records to indicate that the redem0tion &as not beneficial to the estate.K *ny&ay, the estate &as benefited. The 0ro0erty &as returned to the estate rather than acEuired by the creditors. I UE N3( ;o& can one s0ecific heir redeem alone &hen his interest in the estate is not fixed and determinate 0ending the order of distribution by the court8 ;e is just a 3I5 o&ner and then he is redeeming e erything, ho& can that be done8 9E(#( J-t may be true that the interest of a s0ecific heir is not yet fixed and determinate 0ending the order of distribution <,T, nonetheless, the heirMs interest in the 0reser ation of the estate and the reco ery of its 0ro0erties is greater than anybody elseMs, definitely more than the administratorMs &ho merely holds it for the creditors, the heirs, and the legatees.K I UE NA( Can &e not consider the administrator as the judgment9debtor himself and the only one successor9in9interest8 9E(#( /.. JThe estate of the deceased is the judgment9debtor and the heirs &ho &ill e entually acEuire that estate should not be 0rohibited from doing their share in its 0reser ation.K I UE NB( So, sabi ng redeeming heir, O9ey, so now !et the property 8e registered in my name 8ecause pera 9o man ang ginamit. - spent my money in paying the property inc!uding the shares of my 8rothers and sisters who ha"e no money. K -s the redeeming heir correct8 9E(#( /.. JThe motion to transfer the titles of the 0ro0erties to the name of the redeeming heir cannot 0ros0er at this time. .ther&ise, to allo& such transfer of title &ould amount to a distribution of the estate.K That is tantamount to 0remature distribution of the estate. Hou cannot distribute the estate in fa or of one heir immediately. So, &hat is the solution8 JThe other heirs are, therefore, gi en a six9month 0eriod to join as co9redem0tioners in the redem0tion made by the 0etitioner before the motion to transfer titles to the latterMs name may be granted.K
46
So meaning, if the other heirs are gi en B months, hindi nyo mabayaran, 0&ede na yan, "asi 0era man niya ang ginamit.
ec. 6@. 'ime and manner of, and amounts paya8!e on, successi"e redemptionsC notice to 8e gi"en and fi!ed. The 1ud0/e+t o2l*0or, or rede/pt*o+er, /ay redee/ the property fro/ the purchaser, at a+y t*/e 4*th*+ o+e =,> year fro/ the date of the re0*strat*o+ of the cert*f*cate of sale, 2y pay*+0 the purchaser the a/ou+t of h*s purchase, 4*th o+e per ce+tu/ per /o+th *+terest thereo+ *+ add*t*o+, up to the t*/e of rede/pt*o+, to0ether 4*th the a/ou+t of a+y assess/e+ts or ta.es 4h*ch the purchaser /ay ha3e pa*d thereo+ after purchase, a+d *+terest o+ such last +a/ed a/ou+t at the sa/e rateG a+d *f the purchaser 2e also a cred*tor ha3*+0 a pr*or l*e+ to that of the rede/pt*o+er, other tha+ the 1ud0/e+t u+der 4h*ch such purchase 4as /ade, the a/ou+t of such other l*e+, 4*th *+terest. 'roperty so redee/ed /ay a0a*+ 2e redee/ed 4*th*+ s*.ty =87> days after the last rede/pt*o+ upo+ pay/e+t of the su/ pa*d o+ the last rede/pt*o+, 4*th t4o per ce+tu/ thereo+ *+ add*t*o+, a+d the a/ou+t of a+y assess/e+ts or ta.es 4h*ch the last rede/pt*o+er /ay ha3e pa*d thereo+ after rede/pt*o+ 2y h*/, 4*th *+terest o+ such lastH+a/ed a/ou+t, a+d *+ add*t*o+, the a/ou+t of a+y l*e+s held 2y sa*d last rede/pt*o+er pr*or to h*s o4+, 4*th *+terest. The property /ay 2e a0a*+, a+d as ofte+ as a rede/pt*o+er *s so d*sposed, redee/ed fro/ a+y pre3*ous rede/pt*o+er 4*th*+ s*.ty =87> days after the last rede/pt*o+, o+ pay*+0 the su/ pa*d o+ the last pre3*ous rede/pt*o+, 4*th t4o per ce+tu/ thereo+ *+ add*t*o+, a+d the a/ou+ts of a+y assess/e+ts or ta.es 4h*ch the last pre3*ous rede/pt*o+er pa*d after the rede/pt*o+ thereo+, 4*th *+terest thereo+, a+d the a/ou+t of a+y l*e+s held 2y the last rede/pt*o+er pr*or to h*s o4+, 4*th *+terest. Ir*tte+ +ot*ce of a+y rede/pt*o+ /ust 2e 0*3e+ to the off*cer 4ho /ade the sale a+d a dupl*cate f*led 4*th the re0*stry of deeds of the place, a+d *f a+y assess/e+ts or ta.es are pa*d 2y the rede/pt*o+er or *f he has or ac5u*res a+y l*e+ other tha+ that upo+ 4h*ch the rede/pt*o+ 4as /ade, +ot*ce thereof /ust *+ l*ke /a++er 2e 0*3e+ to the off*cer a+d f*led 4*th the re0*stry of deedsG *f such +ot*ce 2e +ot f*led, the property /ay 2e redee/ed 4*thout pay*+0 such assess/e+ts, ta.es, or l*e+s. =37a> -%%,STR*T-./( <ro&n Sugar is a judgment obligor. She has four creditors 1*, <, C, and )4 and all of them obtained judgment against her and all of them le ied on the same 0ro0erty. <ro&n Sugar is gi en one year from the registration of the sale to redeem it from *. /o&, su00ose S,>*R cannot redeem, < &ill be the one to redeem because the first redem0tioner and the judgment obligor ha e one year to redeem from the date of registration. That is &hat Section 2$ says the judgment o8!igor, or redemptioner. /o&, C is gi en BA days to redeem. *fter that, &ala ng right. Su00ose C &as able to redeem, ) has another BA days to redeem from C. '( So &hat is the 0eriod of redem0tion8 *( There are t&o 0eriods of redem0tion( The judgment obligor and first redem0tioner are gi en ./E HE*R from the date of registration of the certificate of sale to redeem and after that all subseEuent redem0tioners are gi en BA days. So the second redem0tioner can redeem it &ithin BA days. So, &ithin BA days, the 3rd redem0tioner can redeem it. !asa yan, in order that the redem0tioner can 0rotect their lien o er the 0ro0erty. So, the redem0tion 0eriod is ./E HE*R and BA )*HS res0ecti ely.
47
'( /o&, su00ose <ro&n Sugar or < &ould li"e to redeem the 0ro0erty from *. ;o& much &ill the 0ro0erty be redeemed8 *( ,nder Section 2$, the 0urchase or the bid 0rice for the 0ro0erty !%,S one 0ercent 0er month interest, and reimbursement for taxes of the 0ro0erty &ith interest also. <ut definitely, the redem0tion 0rice X the bid 0rice Y 3Q interest month. So, if you &ill redeem after one year, the bid 0rice and 32Q of the bid 0rice. -%%,STR*T-./( So "ung !3 million ang bid 0rice 0lus Y !32A,AAA 13QImonth4 X !3.32 million /o& there are t&o interesting cases here &hich - &ant you to remember. The conflicting ruling in !/< s. C* 13#A SCR* 3BA4 and the case of SH "s. C* 1362 SCR* 3254. The t&o cases in ol ed a foreclosure of mortgage not execution but the Rules of Court a00lies. ,nder the extra9judicial foreclosure of mortgage *ct 3335, the 0ro ision of the Rules of Court are also a00licable to redem0tion in a foreclosure sale. So the 0ro ision in Section 2$ also a00lies to the redem0tion during an extrajudicial foreclosure of 0ro0erty. 'N; "s. COURT O"!''E!( ,A7 CR! 387 D,9@BE "!CT ( Su00ose - &ill borro& money from the ban" and sti0ulate an interest at 2#Q 0er annum. )uring the auction sale, it &as sold to the ban". 7ithin one year, you a00roach me, gusto mo na i9redeem. Gag"ano ang bid 0riceV!2G 0lus interest of 2Q 0er month for the next se en or eight months. Sabihin ng debtor, J/o, 3Q lang. )i ba na"alagay sa la& 3Q lang.K !ero ang usa0an natin is 3Q monthly. I UE( So &hich 0re ails 9 the 3Q 0er month under the Rules of Court or the 2Q 0er month as sti0ulated in the 0romissory note8 9E(#( The 3Q of the Rules of Court 0re ails. 7hy8 The rights of the debtor or creditor, the ban" for exam0le, under the 0romissory note, or e en under the mortgage la&, is only good u0 to the auction sale. From the moment the auction sale is finished and there &as already a bid, &e are no& tal"ing of the one year 0eriod to redeem. So the rate in the 0romissory note is no longer a00licable. The case of /&* &as someho& modified by the SC in the subseEuent case of Sy s. C* 1362 SCR* 3254 &here the facts are identical. ) "s. COURT O" !''E!( ,?6 CR! ,6B D,9@9E "!CT ( They borro&ed money from the ban" at 2Q a month and they failed to 0ay the loan. Thus, there &as a foreclosure of mortgage then there &as an execution of sale. I UE( 7ithin the one year 0eriod of redem0tion, 0ila man ang interest8 The debtor &ill say 3Q but according to the ban", it is 2Q as sti0ulated. 7hich &ill 0re ail8 9E(#( The 3Q a month sti0ulated under the mortgage contract 0re ails. 7hy8 <ecause of a s0ecial la& ? Section 6$ of the >eneral <an"ing *ct R.*. 336. <et&een Section 2$ of Rule 39 and Section 6$ of the >eneral <an"ing *ct, the latter 0re ails because it is a s0ecial la&. -t a00lies to ban"s. JThe >eneral <an"ing *ct 0arta"es of the nature of an amendment to the mortgage la& in so far as the redem0tion 0rice is concerned. 7hen the mortgagee or the creditor is a ban" or ban"ing credit institution, Section B of the mortgage la& in relation to Section 2$ of Rule 48
39 of the Rules of Court is inconsistent &ith Section 6$ of the >eneral <an"ing *ct.K So the ban" rate 0re ails. !aano nangyari ito8 - ha e only one single ex0lanation. ;indi na"ita ng mga abogado ng !/< ang 0ro ision na iyon. They did not research ery &ell. They failed to cite the 0ro ision of the >eneral <an"ing *ct &hich authori@es the ban" to continue charging the higher rate e en during the redem0tion 0eriod. >inamit ng SC ang general rule eh. So mas magaling ang la&yer nung ban" in the second case because they &ere able to detect an exce0tion under the general rule. Hou "no&, if you are a la&yer of a ban", you must "no& all the la&s regarding ban"s. Just the same, if you are a labor la&yer, you master all the labor la&s. <ut if you are a bar candidate, you master all la&s: Haaaann: ec. 69. Effect of redemption 8y judgment o8!igor, and a certificate to 8e de!i"ered and recorded thereuponC to whom payments on redemption made. If the 1ud0/e+t o2l*0or redee/s, he /ust /ake the sa/e pay/e+ts as are re5u*red to effect a rede/pt*o+ 2y a rede/pt*o+er, 4hereupo+, +o further rede/pt*o+ shall 2e allo4ed a+d he *s restored to h*s estate. The perso+ to 4ho/ the rede/pt*o+ pay/e+t *s /ade /ust e.ecute a+d del*3er to h*/ a cert*f*cate of rede/pt*o+ ack+o4led0ed 2efore a +otary pu2l*c or other off*cer author*Ked to take ack+o4led0/e+ts of co+3eya+ces of real property. uch cert*f*cate /ust 2e f*led a+d recorded *+ the re0*stry of deeds of the place *+ 4h*ch the property *s s*tuated, a+d the re0*strar of deeds /ust +ote the record thereof o+ the /ar0*+ of the record of the cert*f*cate of sale. The pay/e+ts /e+t*o+ed *+ th*s a+d the last preced*+0 sect*o+s /ay 2e /ade to the purchaser or rede/pt*o+er, or for h*/ to the off*cer 4ho /ade the sale. =3,a> '( Su00ose Ti"la redeems the 0ro0erty from Joshua. -f the sheriff &ill execute in fa or of Ti"la a certificate of redem0tion, to &hom should Ti"la 0ay8 *( The la& says she can 0ay directly to the 0urchaser, the redem0tioner or the 0erson &ho made the sale. ec. 37. /roof re:uired of redemptioner. ! rede/pt*o+er /ust produce to the off*cer, or perso+ fro/ 4ho/ he seeks to redee/, a+d ser3e 4*th h*s +ot*ce to the off*cer a copy of the 1ud0/e+t or f*+al order u+der 4h*ch he cla*/s the r*0ht to redee/, cert*f*ed 2y the clerk of the court 4here*+ the 1ud0/e+t or f*+al order *s e+teredG or, *f he redee/s upo+ a /ort0a0e or other l*e+, a /e/ora+du/ of the record thereof, cert*f*ed 2y the re0*strar of deedsG or a+ or*0*+al or cert*f*ed copy of a+y ass*0+/e+t +ecessary to esta2l*sh h*s cla*/G a+d a+ aff*da3*t e.ecuted 2y h*/ or h*s a0e+t, sho4*+0 the a/ou+t the+ actually due o+ the l*e+. =36a> 7hen the .R->-/*% .7/ER &ants to redeem the 0ro0erty from <, there is /. /EE) for him to 0ro e his right as a judgment debtor. The judgment debtor has the automatic right to redeem. <ut &hen it is <, C or ) 1RE)EG!T-./ERS4 &ho &ants to redeem, they G,ST !R.LE to the sheriff that they are Eualified to redeem. They must 0ro e their status because not e ery 0erson in the &orld has the right to redeem. The right to redeem is only gi en to the debtor, the successor9in9interest or the redem0tioner. Thus, you must 0ro e your 0ersonality to effect redem0tion.
49
ec. 3,. 0anner of using premises pending redemptionC waste restrained. U+t*l the e.p*rat*o+ of the t*/e allo4ed for rede/pt*o+, the court /ay, as *+ other proper cases, restra*+ the co//*ss*o+ of 4aste o+ the property 2y *+1u+ct*o+, o+ the appl*cat*o+ of the purchaser or the 1ud0/e+t o2l*0ee, 4*th or 4*thout +ot*ceG 2ut *t *s +ot 4aste for a perso+ *+ possess*o+ of the property at the t*/e of the sale, or e+t*tled to possess*o+ after4ards, dur*+0 the per*od allo4ed for rede/pt*o+, to co+t*+ue to use *t *+ the sa/e /a++er *+ 4h*ch *t 4as pre3*ously usedG or to use *t *+ the ord*+ary course of hus2a+dryG or to /ake the +ecessary repa*rs to 2u*ld*+0s thereo+ 4h*le he occup*es the property. =33a> !R.<%EG( Su00ose + is the debtor, * is the 0urchaser because the highest bidder could be any 0erson. )uring the 39year 0eriod to redeem, &ho is in 0ossessor of the 0ro0erty8 The 0urchaser or the debtor8 *( The )E<T.R. )uring the one9year 0eriod, iyo 0a rin yan. The buyer or the 0urchaser cannot ta"e o er during the institution. ;e has to &ait for the one9year 0eriod to ex0ire before he can ta"e o er. Therefore, + continues to occu0y the 0ro0erty. ;e continues to use it the same manner it &as 0re iously used. ,se it in the ordinary course of husbandry, to ma"e the necessary re0airs to buildings thereon &hile he occu0ies the 0ro0erty. '( Su00ose $ months has 0assed. Sabi ni +, 0u9hang wa!a na a9ong pag@asa. Hindi 9o na ito ma8a8ayaran. )ige, wasa9in 9o na !ang ang property. )irain 9o na !ang. - wi!! ma9e a waste of the !and. - wi!! cut a!! the coconut trees. - wi!! destroy a!! the impro"ements. /ara pag@ta9e@o"er mo, wa!a na. *wahahahaI 7hat is the remedy of *8 *( ;e can as" the court to issue a &rit of injunction according to Section 33 ? an injunction to restrain the commission of &aste on the 0ro0erty. So, you can also sto0 him by injunction. ec. 36. Rents, earnings and income of property pending redemption. The purchaser or a rede/pt*o+er shall +ot 2e e+t*tled to rece*3e the re+ts, ear+*+0s a+d *+co/e of the property sold o+ e.ecut*o+, or the 3alue of the use a+d occupat*o+ thereof 4he+ such property *s *+ the possess*o+ of a te+a+t. !ll re+ts, ear+*+0s a+d *+co/e der*3ed fro/ the property pe+d*+0 rede/pt*o+ shall 2elo+0 to the 1ud0/e+t o2l*0or u+t*l the e.p*rat*o+ of h*s per*od of rede/pt*o+. =3Aa> Section 32 is the continuation of Section 33. '( Gy 0ro0erty &as sold on execution in your fa or. <ut my 0ro0erty earns income. Gay mga tenants diyan na nagbabayad ng renta. )uring the one9year 0eriod, &ho &ill get the rentals8 The 0urchaser or the debtor8 *( The )E<T.R. ;e continues to recei e all the earnings. For defensi e 0ur0oses, he is still the o&ner. )o not say that, (9o ang highest 8idder, a9in ang incomeI 1>unggong:4 Hou &ait for the one9 year redem0tion 0eriod to ex0ire to get the income. ,nder the .%) rules, the 39B# Rules, during the one9year 0eriod to redeem, the debtorIdefendant continues to get the income of the 0ro0erty but &hen the creditor may o0t( ?our Honor, a9in ang income haA ThatMs allo&ed by the old la&. <ut e erything is deductible also form the redem0tion 0rice. />*H./ &ala na yan. 3AAQ the debtor is the one enjoying the income o er the 0ro0erty. That is a major amendment introduced by the 3996 Rules. '( /o&, &hat ha00ens if after the la0se of one year there is no redem0tion8 7hat is the next ste08 *( That is Section 33(
50
ec. 33. 6eed and possession to 8e gi"en at e piration of redemption periodC 8y whom e ecuted or gi"en. If +o rede/pt*o+ 2e /ade 4*th*+ o+e =,> year fro/ the date of the re0*strat*o+ of the cert*f*cate of sale, the purchaser *s e+t*tled to a co+3eya+ce a+d possess*o+ of the propertyG or, *f so redee/ed 4he+e3er s*.ty =87> days ha3e elapsed a+d +o other rede/pt*o+ has 2ee+ /ade, a+d +ot*ce thereof 0*3e+, a+d the t*/e for rede/pt*o+ has e.p*red, the last rede/pt*o+er *s e+t*tled to the co+3eya+ce a+d possess*o+G 2ut *+ all cases the 1ud0/e+t o2l*0or shall ha3e the e+t*re per*od of o+e =,> year fro/ the date of the re0*strat*o+ of the sale to redee/ the property. The deed shall 2e e.ecuted 2y the off*cer /ak*+0 the sale or 2y h*s successor *+ off*ce, a+d *+ the latter case shall ha3e the sa/e 3al*d*ty as thou0h the off*cer /ak*+0 the sale had co+t*+ued *+ off*ce a+d e.ecuted *t. Upo+ the e.p*rat*o+ of the r*0ht of rede/pt*o+, the purchaser or rede/pt*o+er shall 2e su2st*tuted to a+d ac5u*re all the r*0hts, t*tle, *+terest a+d cla*/ of the 1ud0/e+t o2l*0or to the property as of the t*/e of the le3y. The possess*o+ of the property shall 2e 0*3e+ to the purchaser or last rede/pt*o+er 2y the sa/e off*cer u+less a th*rd party *s actually hold*+0 the property ad3ersely to the 1ud0/e+t o2l*0or. =3Ba> -f the 0eriod to redeem ex0ires, no more right of redem0tion. 7hat &ill ha00en8 The sheriff no& &ill no& execute in fa or of the highest bidder or 0urchaser &hat is "no&n as the final deed of sale or )EE) .F C./LEH*/CE. Remember that there are t&o documents here &hich the sheriff executes in case of real 0ro0erty. '( 7hat are they 1t&o documents &hich the sheriff executes in case of real 0ro0erty48 *( The follo&ing( 3.4 CERT-F-C*TE .F S*%E. *fter the auction sale, he &ill execute in your fa or the certificate of sale under Section 25, by the time you register that, you start counting the one year. 2.4 )EE) .F C./LEH*/CE. -f after one year there is no redem0tion, a deed of con eyance is executed. 1Section 334 '( 7hich of the t&o documents transfers the o&nershi0 to the 0urchaser8 *( .nly the )EE) .F C./LEH*/CE transfers title to the 0ro0erty. The certificate of sale one year ago does not transfer the o&nershi0 of the land to the 0urchaser. -t is only a memorial that you are the highest bidder, that you 0aid so much and that you are the 0urchaser but there is no transfer of o&nershi0. .nly the final deed of sale in Section 33 con eys title to 0ro0erty. So do not confuse the sheriffMs certificate of sale under Section 25 &ith the final deed of sale under Section 33. *lthough in an extra9judicial foreclosure, there is no need of deed of sale. .nly affida it of consolidation is needed under the mortgage la&. '( ;o& can the sheriff gi e it to you8 Su00ose the debtor refuse to acate, is there a need to file another action of unla&ful detainer or forcible entry8 *( There is no more need of filing another action to eject the former o&ner. The 0rocedure is, the 0urchaser can as" the court to issue a 7R-T .F !.SSESS-./ under the !ro0erty Registration )ecree to ta"e o er the 0ro0erty. /o&, another interesting case about this stage in relation to 0ro0erty exem0ted from execution, is the case of %O&EC "s. %E!(ONE 51
673 CR! A?A D,99,E
"!CT ( The 0ro0erty of the defendant &as le ied and sold in a 0ublic auction to the highest bidder. .ne year after, there &as no redem0tion. Then after the 0eriod has ex0ired, here comes the defendant Euestioning the auction sale because the 0ro0erty &as exem0t from execution and the 0ro0erty really turned out to be exem0t from execution. I UE( -s there a deadline for a judgment debtor to claim exem0tion from execution of his 0ro0erty8 Can the debtor still raise the issue that the 0ro0erty is exem0t from execution after the ex0iration of the redem0tion 0eriod. 9E(#( The rules do not ex0ressly mention u0 to &hat 0oint Jalthough the rules of court does not 0rescribe the 0eriod &ithin &hich to claim the exem0tion, the rule is, ne ertheless, &ell9settled that the right of exem0tion must be claimed by the debtor himself at the time of the le y or &ithin a reasonable time thereafter.K 7hat is Jreasonable timeK8 JMRE()O&(*4E '-0E,M for 0ur0oses of the la& on exem0tion, does not mean a time after the ex0iration of the one9year 0eriod for judgment debtors to redeem the 0ro0erty sold on execution, other&ise it &ould render nugatory final bills of sale on execution and defeat the ery 0ur0ose of execution 9 to 0ut an end to litigation.K J7e no& rule that claims for exem0tion from execution of 0ro0erties under Section 33 must be 0resented before its sale on execution by the sheriff.K Geaning, you raise the issue of exem0tion at the time of the le y but not later that the auction sale. There is a deadline because if you claim exem0tion after that, masyadong ng atrasadoVtoo late na ba. Thus, the claim for exem0tion must be raised. ThatMs the ruling in the case of ,O0E< "s. ,E(4O&E. ec. 3A. Reco"ery of price if sa!e not effecti"eC re"i"a! of judgment. If the purchaser of real property sold o+ e.ecut*o+, or h*s successor *+ *+terest, fa*ls to reco3er the possess*o+ thereof, or *s e3*cted therefro/, *+ co+se5ue+ce of *rre0ular*t*es *+ the proceed*+0s co+cer+*+0 the sale, or 2ecause the 1ud0/e+t has 2ee+ re3ersed or set as*de, or 2ecause the property sold 4as e.e/pt fro/ e.ecut*o+, or 2ecause a th*rd perso+ has 3*+d*cated h*s cla*/ to the property, he /ay o+ /ot*o+ *+ the sa/e act*o+ or *+ a separate act*o+ reco3er fro/ the 1ud0/e+t o2l*0ee the pr*ce pa*d, 4*th *+terest, or so /uch thereof as has +ot 2ee+ del*3ered to the 1ud0/e+t o2l*0orG or he /ay, o+ /ot*o+, ha3e the or*0*+al 1ud0/e+t re3*3ed *+ h*s +a/e for the 4hole pr*ce 4*th *+terest, or so /uch thereof as has 2ee+ del*3ered to the 1ud0/e+t o2l*0or. The 1ud0/e+t so re3*3ed shall ha3e the sa/e force a+d effect as a+ or*0*+al 1ud0/e+t 4ould ha3e as of the date of the re3*3al a+d +o /ore. =38a> '( Su00ose * is the highest bidder. There is a third90arty claim &hich turned out to be alid. So the 0ro0erty is remo ed from *. So, 0aano naman si *8 /a"abayad gud siya diyan. !aano niya baba&iin ang "u&arta niya8 *( *Ms o0tions under Section 3#( 3.4 Reco er the money from obligee 1* here is not the judgment obligee4C or 2.4 ;a e the judgment re i ed in your name and you loo" for other 0ro0erties of the obligor to execute because( a.4 ;e lost 0ossession of the 0ro0ertyC b.4 ;e &as e ictedC c.4 There &as irregularity of the 0roceedingsC d.4 The judgment has been re ersed or set aside on a00ealC 52
e.4 The 0ro0erty sold &as exem0t from executionC or, f.4 * third 0erson has alidity of his claim of the 0ro0erty.
ThatMs one &ay of 0ro0erty being remo ed from the 0urchaser. Hour remedy is to reco er the money from the obligee *SS,G-/> that the obligee is different from the 0urchase. .r ha e the judgment re i ed in your name ? hahabol "a na lang sa ibang 0ro0erties ng debtor. ThatMs the 0rocedure alright. ec. 3B. Right to contri8ution or reim8ursement. Ihe+ property l*a2le to a+ e.ecut*o+ a0a*+st se3eral perso+s *s sold thereo+, a+d /ore tha+ a due proport*o+ of the 1ud0/e+t *s sat*sf*ed out of the proceeds of the sale of the property of o+e of the/, or o+e of the/ pays, 4*thout a sale, /ore tha+ h*s proport*o+, he /ay co/pel a co+tr*2ut*o+ fro/ the othersG a+d 4he+ a 1ud0/e+t *s upo+ a+ o2l*0at*o+ of o+e of the/, as secur*ty for a+other, a+d the surety pays the a/ou+t, or a+y part thereof, e*ther 2y sale of h*s property or 2efore sale, he /ay co/pel repay/e+t fro/ the pr*+c*pal. =3?a> '( The judgment is against *, <, and C, solidary debtors. * 0aid e erything. 7hat is the right of *8 *( * has the right to see" reimbursement from < and C. .r if the surety &as made to 0ay the loan, he can claim reimbursement from the 0rinci0al debtor. ThatMs under the %a& on .bligations and ContractsVright to reimbursement. RE&E#IE IN !I# O" EXECUTION *nother im0ortant 0ortion of the rule to remember are the so9called 0ro isions of the rules in aid of execution ? remedies Jin aid of executionK ? because execution is a difficult 0rocess. The 0ur0ose of the remedies in aid of execution is to hel0 the obligee reali@e the fruits of the judgment. -t is sometimes ery hard to gras0 out 0ro0erties of the obligor es0ecially if he "no&s ho& to hide them by con eying remedies to assist him in locating the 0ro0erties of the defendant and these remedies in aid of execution are found in Section 3B to Section #3. *nd the most famous are those found in Sections 3B and 36( ec. 38. E amination of judgment o8!igor when judgment unsatisfied. Ihe+ the retur+ of a 4r*t of e.ecut*o+ *ssued a0a*+st property of a 1ud0/e+t o2l*0or, or a+y o+e of se3eral o2l*0ors *+ the sa/e 1ud0/e+t, sho4s that the 1ud0/e+t re/a*+s u+sat*sf*ed, *+ 4hole or *+ part, the 1ud0/e+t o2l*0ee, at a+y t*/e after such retur+ *s /ade, shall 2e e+t*tled to a+ order fro/ the court 4h*ch re+dered the sa*d 1ud0/e+t, re5u*r*+0 such 1ud0/e+t o2l*0or to appear a+d 2e e.a/*+ed co+cer+*+0 h*s property a+d *+co/e 2efore such court or 2efore a co//*ss*o+er appo*+ted 2y *t, at a spec*f*ed t*/e a+d placeG a+d proceed*+0s /ay thereupo+ 2e had for the appl*cat*o+ of the property a+d *+co/e of the 1ud0/e+t o2l*0or to4ards the sat*sfact*o+ of the 1ud0/e+t. ;ut +o 1ud0/e+t o2l*0or shall 2e so re5u*red to appear 2efore a court or co//*ss*o+er outs*de the pro3*+ce or c*ty *+ 4h*ch such o2l*0or res*des or *s fou+d. =3@a> ec. 3?. E amination of o8!igor of judgment o8!igor. Ihe+ the retur+ of a 4r*t of e.ecut*o+ a0a*+st the property of a 1ud0/e+t o2l*0or sho4s that the 1ud0/e+t re/a*+s u+sat*sf*ed, *+ 4hole or *+ part, a+d upo+ proof to the sat*sfact*o+ of the court 4h*ch *ssued the 4r*t, that a perso+, corporat*o+, or other 1ur*d*cal e+t*ty has 53
property of such 1ud0/e+t o2l*0or or *s *+de2ted to h*/, the court /ay, 2y a+ order, re5u*re such perso+, corporat*o+, or other 1ur*d*cal e+t*ty, or a+y off*cer or /e/2er thereof, to appear 2efore the court or a co//*ss*o+er appo*+ted 2y *t, at a t*/e a+d place 4*th*+ the pro3*+ce or c*ty 4here such de2tor res*des or *s fou+d, a+d 2e e.a/*+ed co+cer+*+0 the sa/e. The ser3*ce of the order shall 2*+d all cred*ts due the 1ud0/e+t o2l*0or a+d all /o+ey a+d property of the 1ud0/e+t o2l*0or *+ the possess*o+ or *+ the co+trol of such perso+, corporat*o+, or 1ur*d*cal e+t*ty fro/ the t*/e of ser3*ceG a+d the court /ay also re5u*re +ot*ce of such proceed*+0s to 2e 0*3e+ to a+y party to the act*o+ *+ such /a++er as *t /ay dee/ proper. =39a> So under Section 3B, you can as" the court to render judgment to allo& you to sub0oena the obligor and ta"e the &itness stand subject to Euestioning so that you can disco er &here his 0ro0erties are. So in effect, Section 3B is related to modes of disco ery. This is actually a mode of disco ery. This is a ty0e of de0osition ta"ing. -t is related to the subject of de0osition ta"ing &here the disco ery of the &itness stand to effect execution. E+*G!%E( The sheriff did not find any 0ro0erty of the obligor. So the obligee can file a motion under Section 3B for examination of the obligor under oath ho0ing that in the course of as"ing Euestions, he might ma"e some admissions. *nd the 0rocedure is the same as in de0osition but this is only done right inside the courtroom. .n the other hand under Section 36, you can also examine 0eo0le &hom you belie e o&e the obligor such as his debtors, or those holding his 0ro0erty, so that you can disco er all his collectibles and as" that the same be garnished. So this time, it is the JobligorK of the judgment obligor &ho &ill be examined. E+*G!%E( Nenneth, Thadd, and Francis o&e the judgment obligor a sum of money. The obligee can file a motion under Section 36 to sub0oena Nenneth, Thadd and Francis to find out if it is true that they are indebted to the judgment obligor. -n this case, the obligee can as the court to garnish the money. So, those are the objects of Sections 3B and 36. .f course there are others, just go o er them. ec. 3@. Enforcement of attendance and conduct of e amination. ! party or other perso+ /ay 2e co/pelled, 2y a+ order or su2poe+a, to atte+d 2efore the court or co//*ss*o+er to test*fy as pro3*ded *+ the t4o preced*+0 sect*o+s, a+d upo+ fa*lure to o2ey such order or su2poe+a or to 2e s4or+, or to a+s4er as a 4*t+ess or to su2scr*2e h*s depos*t*o+, /ay 2e pu+*shed for co+te/pt as *+ other cases. E.a/*+at*o+s shall +ot 2e u+duly prolo+0ed, 2ut the proceed*+0s /ay 2e ad1our+ed fro/ t*/e to t*/e, u+t*l they are co/pleted. If the e.a/*+at*o+ *s 2efore a co//*ss*o+er, he /ust take *t *+ 4r*t*+0 a+d cert*fy *t to the court. !ll e.a/*+at*o+s a+d a+s4ers 2efore a court or co//*ss*o+er /ust 2e u+der oath, a+d 4he+ a corporat*o+ or other 1ur*d*cal e+t*ty a+s4ers, *t /ust 2e o+ the oath of a+ author*Ked off*cer or a0e+t thereof. =A7a> Section 3$ is the continuation of Section 36. -f the judgment obligor, or Nenneth, Thad and Francis refuse to com0ly &ith the sub0oena, they can be 0unished for contem0t. ec. 39. O8!igor may pay e ecution against o8!igee. !fter a 4r*t of e.ecut*o+ a0a*+st property has 2ee+ *ssued, a perso+ *+de2ted to the 1ud0/e+t o2l*0or /ay pay to the sher*ff hold*+0 the 4r*t of e.ecut*o+ the a/ou+t of h*s de2t or so /uch 54
thereof as /ay 2e +ecessary to sat*sfy the 1ud0/e+t, *+ the /a++er prescr*2ed *+ sect*o+ 9 of th*s Rule, a+d the sher*ffLs rece*pt shall 2e a suff*c*e+t d*schar0e for the a/ou+t so pa*d or d*rected to 2e cred*ted 2y the 1ud0/e+t o2l*0ee o+ the e.ecut*o+. =A,a> ;ere, there is a change of the 0arty creditor. The best exam0le is garnishment from a ban". < is the debtor of the judgment obligor. -f <, instead of 0aying the judgment obligor, &ill 0ay the judgment creditor, < is no longer indebted to the judgment obligor. ec. A7. Order for app!ication of property and income to satisfaction of judgment. The court /ay order a+y property of the 1ud0/e+t o2l*0or, or /o+ey due h*/, +ot e.e/pt fro/ e.ecut*o+, *+ the ha+ds of e*ther h*/self or a+other perso+, or of a corporat*o+ or other 1ur*d*cal e+t*ty, to 2e appl*ed to the sat*sfact*o+ of the 1ud0/e+t, su21ect to a+y pr*or r*0hts o3er such property. If, upo+ *+3est*0at*o+ of h*s curre+t *+co/e a+d e.pe+ses, *t appears that the ear+*+0s of the 1ud0/e+t o2l*0or for h*s perso+al ser3*ces are /ore tha+ +ecessary for the support of h*s fa/*ly, the court /ay order that he pay the 1ud0/e+t *+ f*.ed /o+thly *+stall/e+ts, a+d upo+ h*s fa*lure to pay a+y such *+stall/e+t 4he+ due 4*thout 0ood e.cuse, /ay pu+*sh h*/ for *+d*rect co+te/pt. =A6a> -f u0on in estigation of his current income and ex0enses, it a00ears that the earnings of the judgment obligor for his 0ersonal ser ices are more than necessary for the su00ort of his family, the court may order that he 0ay the judgment obligee in fixed monthly installments, and u0on his failure to 0ay any such installment &hen due &ithout good excuse, may 0unish him for indirect contem0t. '( Can the salary of an em0loyee be garnished8 *( Hes -F there is excess for su00ort of his family. 1Section #A4 Section #A related to Section 33, 0aragra0h RiS 0ro0erties exem0t from execution( =*> o /uch of the salar*es, 4a0es, or ear+*+0s of the 1ud0/e+t o2l*0or for h*s perso+al ser3*ces 4*th*+ the four /o+ths preced*+0 the le3y as are +ecessary for the support of h*s fa/*lyG /ormally, you cannot le y on the earnings of a 0erson &hich he needs for su00ort of his family. <ut actually, it is not the entire earnings because if youMre earning a lot, it is more than sufficient for your family. So the excess of your income can be garnished under Section #A. ec. A,. (ppointment of recei"er. The court /ay appo*+t a rece*3er of the property of the 1ud0/e+t o2l*0orG a+d *t /ay also for2*d a tra+sfer or other d*spos*t*o+ of, or a+y *+terfere+ce 4*th, the property of the 1ud0/e+t o2l*0or +ot e.e/pt fro/ e.ecut*o+. =A3a> The court may a00oint a recei er &ho is an officer of the court &ho &ill manage the 0ro0erty of the litigants 0ending litigation. This remedy is found under Rule 59 on Recei ershi0. The 0ur0ose of recei ershi0 is to 0reser e the 0ro0erty by 0lacing it in the hands of the court to remo e it from the control of a 0arty because a 0arty may dis0ose of the 0ro0erty.
55
ec. A6. )a!e of ascertaina8!e interest of judgment o8!igor in rea! estate. If *t appears that the 1ud0/e+t o2l*0or has a+ *+terest *+ real estate *+ the place *+ 4h*ch proceed*+0s are had, as /ort0a0or or /ort0a0ee or other4*se, a+d h*s *+terest there*+ ca+ 2e ascerta*+ed 4*thout co+tro3ersy, the rece*3er /ay 2e ordered to sell a+d co+3ey such real estate or the *+terest of the o2l*0or there*+G a+d such sale shall 2e co+ducted *+ all respects *+ the sa/e /a++er as *s pro3*ded for the sale of real estate upo+ e.ecut*o+, a+d the proceed*+0s thereo+ shall 2e appro3ed 2y the court 2efore the e.ecut*o+ of the deed. =AAa> E+*G!%E( The obligor turns out to ha e an interest in real 0ro0erty as a mortgagee, or he has a right to redeem, or right to foreclose, or right to re0urchase. The obligee can le y on these rights because these rights are 0ro0erty rights by themsel es. This time, it is not the 0ro0erty &hich is sold but your interest. ec. A3. /roceedings when inde8tedness denied or another person c!aims the property. If *t appears that a perso+ or corporat*o+, alle0ed to ha3e property of the 1ud0/e+t o2l*0or or to 2e *+de2ted to h*/, cla*/s a+ *+terest *+ the property ad3erse to h*/ or de+*es the de2t, the court /ay author*Ke, 2y a+ order /ade to that effect, the 1ud0/e+t o2l*0ee to *+st*tute a+ act*o+ a0a*+st such perso+ or corporat*o+ for the reco3ery of such *+terest or de2t, for2*d a tra+sfer or other d*spos*t*o+ of such *+terest or de2t 4*th*+ o+e hu+dred t4e+ty =,67> days fro/ +ot*ce of the order, a+d /ay pu+*sh d*so2ed*e+ce of such order as for co+te/pt. uch order /ay 2e /od*f*ed or 3acated at a+y t*/e 2y the court 4h*ch *ssued *t, or 2y the court *+ 4h*ch the act*o+ *s 2rou0ht, upo+ such ter/s as /ay 2e 1ust. =ABa> E+*G!%E( The obligee cannot find any 0ro0erty of the obligor. <ut there is a rumor that !ong o&es the obligor a sum of money. ,0on examination, !ong denies indebtedness. <ut the obligee belie es that he has e idence that !ong o&es the obligor money. -n this case, the obligee can as" the court that he be allo&ed to file a collection case against !ong on behalf of the obligor. '( Can the obligee considered as a real 0arty in interest in this case8 *( HES. The obligee is no& considered as a re0resentati e 0arty. Section #3 is an exam0le of the 0hrase, Jor a party authoriOed 8y !aw or these Ru!es under Rule 3, Section 3( ec. 3. Representati"es as parties. . . . . . ! represe+tat*3e /ay 2e a trustee of a+ e.press trust, a 0uard*a+, a+ e.ecutor or ad/*+*strator, or a party author*Ked 2y la4 or these Rules. . . . . . . !TI "!CTION O" $U#%&ENT ec. AA. Entry of satisfaction of judgment 8y c!er9 of court. at*sfact*o+ of a 1ud0/e+t shall 2e e+tered 2y the clerk of court *+ the court docket, a+d *+ the e.ecut*o+ 2ook, upo+ the retur+ of a 4r*t of e.ecut*o+ sho4*+0 the full sat*sfact*o+ of the 1ud0/e+t, or upo+ the f*l*+0 of a+ ad/*ss*o+ to the sat*sfact*o+ of the 1ud0/e+t e.ecuted a+d ack+o4led0ed *+ the sa/e /a++er as a co+3eya+ce of real property 2y the 1ud0/e+t o2l*0ee or 2y h*s cou+sel u+less a re3ocat*o+ of h*s author*ty *s f*led, or upo+ the e+dorse/e+t of such ad/*ss*o+ 2y the 1ud0/e+t o2l*0ee or h*s cou+sel o+ the face of the record of the 1ud0/e+t. =A8a> ec. AB. Entry of satisfaction with or without admission. Ihe+e3er a 1ud0/e+t *s sat*sf*ed *+ fact, or other4*se tha+ upo+ a+ e.ecut*o+, o+ de/a+d of the 1ud0/e+t 56
o2l*0or, the 1ud0/e+t o2l*0ee or h*s cou+sel /ust e.ecute a+d ack+o4led0e, or *+dorse, a+ ad/*ss*o+ of the sat*sfact*o+ as pro3*ded *+ the last preced*+0 sect*o+, a+d after +ot*ce a+d upo+ /ot*o+ the court /ay order e*ther the 1ud0/e+t o2l*0ee or h*s cou+sel to do so, or /ay order the e+try of sat*sfact*o+ to 2e /ade 4*thout such ad/*ss*o+. =A?a> '( 7hat does satisfaction of judgement mean8 *( S*T-SF*CT-./ .F J,)>GE/T is the com0liance &ith or fulfillment of the mandate thereof 133 *m. Jur. 35#4. Execution is not the same as satisfaction. Execution is the method of enforcement of a judgment. Satisfaction refers to com0liance &ith or fulfillment of the mandate of judgment. /ormally, execution 0recedes satisfaction. <ut you can satisfy a judgment &ithout execution by sim0ly 0aying oluntarily. *nd &hen the judgment is satisfied, it has to be recorded the manner of &hich is found in Sections ## and #5 ? either the sheriff himself &ill record fu!!y satisfied, or, the creditor &ill file an admission that the judgment is fully satisfied, or, the debtor on motion &ill as" that it be recorded that he has already 0aid. '( 7ho may com0el satisfaction of judgment8 *( Satisfaction of judgment may be com0elled by the judgment9creditor by means of execution, or by the judgment9debtor by means of oluntary 0ayment. 1Sal ante s. ,bi Cru@, $$ !hil. 23B4 /o&, here is an interesting Euestion &hich has not yet been as"ed in the <ar. They &ere ex0ecting it as early as 2 years ago. '( Can a 0laintiff a00eal from the judgment and at the same time mo e for execution of the same8 Can you do both &ithout being self9contradictory8 Can you demand satisfaction of judgment and at the same time a00eal said judgment8 *( !R-.R C*SES say, you cannot do it because it is inconsistent. 7hen you com0ly &ith the satisfaction of judgment, you are already acce0ting the correctness of judgment. <ut &hen you are a00ealing it, you do not acce0t the same. That &as the old ruling &hich &as G.)-F-E) in the case of :IT!(H%O ON "s. COURT O" !''E!( 6,6 CR! 63B D,996E =en banc> I UE( 7hether or not a judgment creditor is esto00ed from a00ealing or see"ing modification of a judgment &hich has been executed at his instance. 9E(#( -t de0ends u0on the nature of the judgment as being indi isible or not. This is the doctrine laid do&n by this Court in a case decided as early as 3925, ;erches ". Rios, &here the judgment is -/)-L-S-<%E, acce0tance of full satisfaction of the judgment annihilates the right to further 0rosecute the a00ealC and that e en 0artial execution by com0ulsory legal 0rocess at the instance of the 0re ailing 0arty, 0laces said 0arty in esto00el to as" that the judgment be amended.K -ndi isible means either you acce0t it as correct or you a00eal. <ut you can not ha e your ca"e and eat it too. J7here the judgment is )-L-S-<%E, esto00el should not o0erate against the judgment creditor &ho causes im0lementation of a 0art of the decision by &rit of execution. This is the clear im0ort of ;erches .and the 0recedents therein in o"ed. The 0rinci0le is fully consistent not only &ith the o0inion that acce0tance of 0ayment of only the uncontro erted 0art of the claim should not 0reclude the 0laintiff from 0rosecuting his a00eal, to determine &hether he should not ha e been allo&ed more, but also &ith logic and common sense.K -n other &ords, if a judgment is di isible, there is no 0rohibition. 57
E+*G!%E of )-L-S-<%E J,)>GE/T( * judgment adjudicating 2 or more causes of action ? - am satisfied &ith one cause but - am not &ith the other. So, my a00eal is only on the 2nd cause of action &here the a&ard should be higher. - am not a00ealing in the first cause of action and the defendant did not also a00eal. So - can mo e to execute that 0ortion of judgment, as far as the first cause of action is concerned and continue &ith my a00eal on the second. This is a di isible judgment. This is allo&ed. !R.<%EG( !laintiff sues for !3 million damages. The court ga e an a&ard of !5AA,AAA only 1one9 half the damages sued for4. )efendant did not a00eal because he is satisfied &ith the judgement. Geaning, he acce0ts the liability of u0 to !5AA,AAA, >udgment is good. !laintiff, ho&e er, is not satisfied, -t shou!d 8e /$ mi!!ion, so - wi!! appea!. ;e belie es that e en if he loses the a00eal, he is insured as to the !5AA,AAA. '( Can 0laintiff mo e for the satisfaction of !5AA,AAA and let the other half continue on a00eal8 *( HES, - thin" so. *ny&ay, there is no Euarrel &ith res0ect to the first half. To my mind, this is a )-L-S-<%E judgment since defendant acce0ts it and e en if 0laintiff loses a00eal, the former is still liable u0 to !5AA,AAA. So the 0laintiff might as &ell claim it no& for it is final insofar as the defendant is concerned &hile 0laintiffMs a00eal is &ith res0ect to the balance. This is a 0ossibility under the ruling in ;-'(4@,O)O&. ec. A8. When principa! 8ound 8y judgment against surety. Ihe+ a 1ud0/e+t *s re+dered a0a*+st a party 4ho sta+ds as surety for a+other, the latter *s also 2ou+d fro/ the t*/e that he has +ot*ce of the act*o+ or proceed*+0, a+d a+ opportu+*ty at the suretyLs re5uest to 1o*+ *+ the defe+se. =A@a> 7hen there is a judgment against the surety, the 0rinci0al debtor is also bound by the judgment from the time he has notice of the action or 0roceeding and an o00ortunity at the suretyMs reEuest to join in the defense. The surety is only liable legally but the real 0arty liable is the debtor. RE !#$U#IC!T! *nd finally, the most im0ortant section in Rule 39 is Section #6 ? effect of judgment or final order. This is &hat &e call the 0rinci0le of res adjudicata. ec. A?. Effect of judgments or fina! orders. The effect of a 1ud0/e+t or f*+al order re+dered 2y a court of the 'h*l*pp*+es, ha3*+0 1ur*sd*ct*o+ to pro+ou+ce the 1ud0/e+t or f*+al order, /ay 2e as follo4sF =a> I+ case of a 1ud0/e+t or f*+al order a0a*+st a spec*f*c th*+0, or *+ respect to the pro2ate of a 4*ll, or the ad/*+*strat*o+ of the estate of a deceased perso+, or *+ respect to the perso+al, pol*t*cal, or le0al co+d*t*o+ or status of a part*cular perso+ or h*s relat*o+sh*p to a+other, the 1ud0/e+t or f*+al order *s co+clus*3e upo+ the t*tle to the th*+0, the 4*ll or ad/*+*strat*o+, or the co+d*t*o+, status or relat*o+sh*p of the perso+G ho4e3er, the pro2ate of a 4*ll or 0ra+t*+0 of letters of ad/*+*strat*o+ shall o+ly 2e pr*/a fac*e e3*de+ce of the death of the testator or *+testateG =2> I+ other cases, the 1ud0/e+t or f*+al order *s, 4*th respect to the /atter d*rectly ad1ud0ed or as to a+y other /atter that could ha3e 2ee+ ra*sed *+ relat*o+ thereto, co+clus*3e 2et4ee+ the part*es a+d the*r successors *+ *+terest 2y t*tle su2se5ue+t to the co//e+ce/e+t of the act*o+ or spec*al proceed*+0, l*t*0at*+0 for the sa/e th*+0 a+d u+der the sa/e t*tle a+d *+ the sa/e capac*tyG a+d
58
=c> I+ a+y other l*t*0at*o+ 2et4ee+ the sa/e part*es or the*r successors *+ *+terest, that o+ly *s dee/ed to ha3e 2ee+ ad1ud0ed *+ a for/er 1ud0/e+t or f*+al order 4h*ch appears upo+ *ts face to ha3e 2ee+ so ad1ud0ed, or 4h*ch 4as actually a+d +ecessar*ly *+cluded there*+ or +ecessary thereto. =A9a> 7e "no& &hat this is all about ? &hen the matter is already decided or finish already, you cannot re9o0en that easily. The direct 0ro ision of la& &hich enunciates that 0rinci0le is Section #6, &hich is com0osed of 3 0ortions( 0aragra0hs RaS, RbS and RcS. /o&, 0aragra0h RaS is the 0rinci0le of res adjudicata as a00lied in judgment in rem 1binding on the &hole &orld4 or at least Euasi in rem. !aragra0hs RbS and RcS are the a00lication of the same doctrine &ith res0ect to judgment in 0ersonam 1binding only on the 0arties4. RES *)J,)-C*T* and RES J,)-C*T* are the same. -n the !hili00ines, that is influenced by Roman %a& and S0anish %a& 1!ua s. %a0itan, 56 ..>. #93#4 <ut the 0rinci0le is "no&n &orld&ide, although maybe "no&n by another name. -n *nglo9*merican la&, it is "no&n as the doctrine of Esto00el <y Judgment 1Fajardo s. <ayona, 9$ !hil. B594. <ut it is the same. The conce0t is similar. That is &hy in the 399# case of !(U# "s. COURT O" !''E!( 638 CR! 3@A D,99AE 9E(#( JThe rules of res judicata are of common la& origin and they initially e ol ed from court decisions. -t is no& considered a 0rinci0le of uni ersal juris0rudence forming a 0art of the legal system of all ci ili@ed nations.K '( 7hat is the F.,/)*T-./ !R-/C-!%E u0on &hich the doctrine of res judicata rests8 *( -t rests from the 0rinci0le that 0arties ought not to be 0ermitted to litigate the same issue more than onceC that &hen a right or fact has been judicially tried and determined by a court of com0etent jurisdiction, or &here an o00ortunity for such trial had been gi en, the judgment of the court shall be conclusi e u0on the 0arties and those in 0ri ity &ith them. .ther&ise, &ithout this doctrine, litigation &ould become interminable, rights of 0arties &ould be in ol ed in endless confusion, courts &ould be stri00ed of their most efficient 0o&ers, and the most im0ortant function of go ernment, that of ascertaining and enforcing rights, &ould go unfulfilled. 1Oambales *cademy s. Lillanue a, %939$$#, Gay $, 39B9C !eo0le s. Gacadaeg, 93 !hil. #3AC .beriano s. Sobremesana, %9#B22, Gay 3A, 3952C !eDalosa s. Tua@on, 22 !hil. 3A34 - thin" &e agree &ith that. -magine, if t&o 0ersons litigated for years o er the o&nershi0 of a 0arcel of land. Then after years of litigation, all the &ay to the SC, defendant &on. Final. *fter one generation, both 0laintiff and defendant are dead but their children &ould continue. ;ere comes the children of the 0laintiff raising the same issue of o&nershi0. So, there is no end if there is no res judicata. REOUI ITE O" RE !#$U#IC!T! 7hat are the reEuisites of res adjudicata8 ;o& do &e "no&, since there are 2 cases here8 )oes it mean that sim0ly because there is a case bet&een us, there &ill be no more case bet&een us in the future8 /.. '( So &hat are the reEuisites of res adjudicata8 *( There is res judicata if the follo&ing RE',-S-TES are 0resent(
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3.4 The judgment or order in o"ed as res adjudicata must be finalC 2.4 The court rendering the same must ha e jurisdiction o er the subject matter and of the 0artiesC 3.4 The judgment or order must be u0on the meritsC and #.4 There must be, bet&een the t&o cases, identity of 0arties, identity of subject matter, and identity of cause of action. So the elements are similar &ith litis 0endentia. *ctually, they are based on the same rule ? s0litting of the cause of action. The only difference is, in litis 0endentia, the first action is still 0ending. -n res adjudicata, the first action has already been decided and the decision has already become final. First Re:uisiteM >.6,0E&' OF OR6ER -&;O1E6 0.)' *E F-&(4 7hen it says PfinalM, the 0re ious judgment has been final and executory 1;ubahib s. -nsular )rug, B# !hil. 3394 Geaning, it can no longer be changed. This is because there is such a thing as fina! and appea!a8!e. * final and executory judgment is already beyond the 0o&er of the court to alter &hile a final and a00ealable judgment is still subject to modification by the a00ellate court. 1Gaca0inlac s. C*, $B !hil. 3594 So &here there is a judgment no& that you recei ed, and before it becomes executory, you filed another case, it is not res judicata. -t is litis 0endentia because the first case is still 0ending. E+*G!%E( Jessa files a case against Charles. Charles lost and then a00ealed. 7hile his a00eal is 0ending, Jessa filed the same case against Charles. Charles filed a motion to dismiss the second case. The ground for the motion to dismiss should be %itis !endentia because &hile there is already a decision, the same is not yet final and executory. -t is still on a00eal. -n such case, it is im0ro0er to in o"e the 0rinci0le of res adjudicata because the first element is missing. '( /o&, &hen did the first judgment become final8 -s it before the second case is filed8 .r is it after the second case filed8 *( Either one. -t could ha e been final before the filing of the second action or after, 0ro ided &hen the defendant in o"ed it, the first judgment is already final. 1>aliancia s. C*, 363 SCR* #24 )econd Re:uisiteM 'HE +O.R' RE&6ER-&, 'HE )(0E 0.)' H(;E >.R-)6-+'-O& O;ER 'HE ).*>E+' 0(''ER (&6 OF 'HE /(R'-E) Geaning, the first judgment is alid because if the court ne er acEuired jurisdiction o er the subject matter and the 0arties and rendered judgment, the judgment is oid and cannot be in o"ed as res judicata. 1<anco Es0aDol9Fili0ino s. !alanca, 36 !hil. 9234 '( Gay a oidable judgment be in o"ed as res adjudicata8 *( HES because such "ind of judgment is binding u0on the 0arties until annulled. 1Reyes s. <arretto9)atu, 9# !hil. ##B4 /o&, the classic exam0le of the second element is the case &hich - mentioned to you &hen &e &ere in Rule 36 ? the case of RE'U;(IC '(!NTER ;!N< =R;'> "s. &O(IN! ,88 CR! 39 D,9@@E
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"!CT ( The R!< filed a case against the defendant for a sum of money. )efendant cannot be summoned because his &hereabouts is no& un"no&n. Se eral attem0ts made by the 0laintiff to loo" for him failed. *fter a &hile the court dismissed the com0laint for R<!Ms failure to 0rosecute. *nd the order of dismissal &as silent. So, follo&ing Section 3 of Rule 36, the dismissal is &ith 0rejudice ? it sha!! ha"e the effect of an adjudication upon the merits, un!ess the order pro"ides otherwise. Then later on, the 0laintiff 1R!<4 disco ered the &hereabouts of the defendant. The R!< re9filed the com0liant. )efendant mo ed to dismiss because &hen the first com0laint &as dismissed and the order of dismissal &as silent then the dismissal has the effect of an adjudication on the merits. 9E(#( Since 7e are tal"ing of res adjudicata, let us correlate it &ith the elements of res adjudicata under Rule 39. .ne of the elements of res adjudicata is( When the case is terminated, the court has jurisdiction o"er the case 8oth as to the person and the su8ject matterC -n the case of R!<, the court ne er acEuired jurisdiction o er the 0erson of the defendant because he &as ne er ser ed &ith summons. Therefore, such dismissal did not ha e the effect of res adjudicata. The second element of res judicata is missing. 'hird Re:uisiteM 'HE >.6,0E&' OR OR6ER 0.)' *E ./O& 'HE 0ER-') 7hat do &e mean by this8 * judgment on the merits for the 0ur0ose of res judicata is one finally settling the issues raised in the 0leadings 1Ganila Electric Co. s. *rtiaga, 5A !hil. 3##4. /ormally, it is after trial &hen there is 0resentation of e idence. Therefore, &hen a com0laint is dismissed for lac" of jurisdiction or im0ro0er enue, e en if said dismissal becomes final, the 0laintiff can re9file the case because the dismissal u0on im0ro0er enue or lac" of jurisdiction is not u0on the merits. -t ne er dealt &ith the correctness or alidity of the cause of action. There should be trial, generally. So, >E/ER*%%H, a dismissal &ithout a trial is not an adjudication u0on the merits E+CE!T in Rule 36, Section 3 &here the case &as dismissed for failure of the 0laintiff to a00ear during the 0resentation of his e idence in chief, or to 0rosecute his action for an unreasonable, 0eriod of time, or failed to com0ly &ith the rules or order of the court. There is no trial there but according to Rule 36, Section 3, the dismissal shall ha e the effect of an adjudication u0on the merits. This is the exce0tion e en if there &as no trial in the first case. Fourth Re:uisiteM 'HERE 0.)' *E, *E'WEE& 'HE 'WO +()E), -6E&'-'? OF /(R'-E), -6E&'-'? OF ).*>E+' 0(''ER, (&6 -6E&'-'? OF +(.)E OF (+'-O& -. -)E/T-TH .F !*RT-ES '( 7hen there is identity of 0arties for the 0ur0ose of res judicata8 *( There is identity of 0arties for the 0ur0ose of res judicata( 3.4 7hen the 0arties in the second action are the same as the 0arties in the first actionC or 2.4 7hen the 0arties in the second action are successors9in9interest of the 0arties in the first action, such as heirs or 0urchasers &ho acEuired title after the commencement of the first action. 61
E+*G!%E( The exam0le - ga e you, the Euarrel bet&een 0arents, then the children did the same. That is the same 0arties. The children are the successors9in9interest of the original 0arties, although literally they are not the same 0arties. .ne good illustration of res adjudicata on identity of 0arties as a00lied in a labor case &as the case of #E("IN "s. INCION% ,96 CR! ,B, D,997E NOTE( The doctrine of res adjudicata a00lies not only to the decisions of regular courts but can be in o"ed e en in administrati e cases. -t also a00lies to decisions of administrati e bodies. "!CT ( -n the case of 6E4F-&, a union filed a case of unfair labor 0ractice 1,%!4 against the em0loyer. Then later on, the case &as dismissed by the /%RC. 7hen the case &as dismissed, the em0loyees filed another case based on the same ,%!. The em0loyer in o"ed res adjudicata and the com0lainants said, J/o, it is not the same 0arties. -n the first case, it &as the union. /o& it is us 1em0loyees4.K 9E(#( /.: 7hen the union filed the first case, it &as filing in behalf of the em0loyees. This is &hat you call re0resentati e 0arty. -n effect, it is the same 0arty. J7hile it is true that the com0lainants in the first charge &as the union, in reality it had no material interest in the outcome of the case. The real 0arty &ho stands to be benefited or defeated by a case brought in the name of the union are the union members themsel es. Since the judgment therein had become final and executory, the subseEuent filing of another ,%! charge against the em0loyer for the same iolations committed during its existence, is barred by res judicata.K JThe bringing of the same action in the name of the indi idual members of the union &ill not ta"e out the case from the ambit of the 0rinci0le of res judicata.K So, it is still the same 0arties. --. -)E/T-TH .F S,<JECT G*TTER '( 7hen is there identity of subject matter8 *( There is identity of subject matter if in the second case, the same thing is in ol ed or included in the first case. 1*gregado s. GuDo@, 2B !hil. 5#B4 E+*G!%E( * judgment in an action for the reco ery of a large tract of land shall be a bar for a subseEuent action for the reco ery of a smaller 0arcel included in the large tract. 1Rubiso s. Ri era, #3 !hil. 394 E+*G!%E( * judgment in an action for accounting of a certain funds &ould be a bar for a subseEuent action for the 0artition of the same funds. 1Chua Tan s. )el Rosario, 56 !hil. #334 E+*G!%E( * case for reco ery of 0ro0erty &as dismissed. The losing 0arty file a second case for reco ery of the alue of the 0ro0erty. -n this case, there is res adjudicata. So, you can not de iate Pno8 Nahit "onting reto"e lang, it is the same. ---. -)E/T-TH .F C*,SES .F *CT-./
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'( 7hen is there identity of causes of action for the 0ur0ose of res judicata8 *( There is identity of causes of action for the 0ur0ose of res judicata &hen the t&o actions are based on the same delict or &rong committed by the defendant, e en if the remedies be different 1'iogue s. <autista, %933359, Feb. 2, 39B24. Hou cannot change the remedy in order to esca0e from the 0rinci0le of res adjudicata. Sometimes, it is one of the hardest ? same cause of action ? because sometimes there are 2 causes of action &hich are interrelated, e en bet&een the same 0arties. /o&, if there are 2 interrelated causes of action, there is no res adjudicata. -nterrelated only, because the la& says similar causes of action. That is hard to determine. That is &hy the SC had to gi e some tests to determine &hether the causes of action are the same or not. *mong these tests gi en by the Court( TESTS T. )ETERG-/E 7;ET;ER .R /.T T;E C*,SES .F *CT-./ *RE T;E S*GE( 34 S*GE EL-)E/CE Test as laid do&n in the case of !OUI(! E T!TE "s. ;!CO(O#H&URCI! &I((IN% CO. ,AA CR! A@6 9E(#( Res adjudicata can not be a00lied e en though in the 2 cases there is identity of 0arties, subject matter, and relief 0rayed for, the e idence adduced to sustain the cause of action in the first case is not sufficient to sustain the second case. So, the e idence &as sufficient to 0ro e the first case &hile the same e idence is not sufficient to 0ro e the second case. Therefore, it must be different cause of action for ho& come the same e i9 dence &ill not suffice anymore. So, it must be a different one. 2. -/C./S-STE/CH Test gi en in the case of :!(ENCI! "s. RTC ,@A CR! @7 9E(#( .ne test of the identity of cause of action is &hether or not the judgment sought in the subseEuent case &ill be inconsistent &ith the 0rior judgment. Geaning, you are as"ing for a decision &hich is in conflict &ith the original decision. '( Su00ose there is an inconsistency, is this a sign of res adjudicata or no res judicata8 *( 7ell, - thin" if there is an inconsistency, that is a sign of res adjudicata because you are trying to change &hat has already been rendered. To my mind, that is ho& it should be inter0reted because if the judgment - am see"ing is inconsistent &ith &hat has been decided, then - thin" that is iolating the rule of res adjudicata ? - am re9o0ening something &hich &as already decided. 3.4 *nd the test in the 3995 case of %UE:!RR! "s. ;ENITO 6A? CR! B?7 9E(#( The causes of action can not be the same if the cause of action in one case only arose after the judgment in the other. The 0rinci0le of res judicata extends only to the facts and conditions as they existed at the time the judgment &as rendered. 63
Those are the im0ortant 0rinci0les to remember 1read the cases in short4. R*RE -/ST*/CES 7;ERE SC REF,SES T. *%%.7 RES J,)-C*T* )ES!-TE -TS E+-STE/CE *nother 0oint, res adjudicata is a rule of la&, rule of con enience, of 0racticality and &hen the e idence are 0resent, the courts shall not allo& second litigation. 7e "no& that but - ha e to admit that there are some rare cases &here des0ite the elements of res adjudicata, the courts refused to allo& it. This &hat &e call E',-TH C*SES. <ut this is ery rare. 7hen there is a higher 0rinci0le to be obser ed rather than the rule of res adjudicata ? there are higher alues of society &hich &ould be sub erted if &e &ill stic" to res adjudicata. * good exam0le is the case of U!REC "s. COURT O" !''E!( ,93 CR! ,@3 D,99,E "!CT ( This in ol es a custody case. * certain Rosemarie Ganese file a 0etition for habeas cor0us for the reco ery of her minor child from her former li e9in 0artner or common9la& husband, Renato Suare@. %ater, Ganese filed a motion to dismiss the habeas cor0us case for she intended to 0ursue another remedy ? custody of minor under Rule 99 of the Rules of Court in S0ecial !roceedings. *ctually, as obser ed by the SC, her mo e &as &rong because you can obtain custody of your child through habeas cor0us. She though she had the &rong remedy, so she changed it. *ctually she &as correct. The trouble is, she &ithdre& it. -n the trial for the dismissal of the habeas cor0us, it &as &ith 0rejudice so actually, it is on the merits Pno8 Thereafter, she filed the custody case against Suare@. The latter mo ed to dismiss on the ground of res adjudicata. *ll the e idence are admitted there. There &as a decision on the merits. 9E(#( JThe 0rinci0le of res judicata should be disregarded if its a00lication &ould in ol e the sacrifice of justice to technicality.K -n other &ords, this is &hat &e call E',-TH. The a00lication of the res adjudicata should be ta"en on a case to case basisC you cannot say you a00ly res adjudicata through and through. -t must be ta"en under the 0articular facts obtained. Geaning, there are certain facts in that case &hich &ill &arrant a de iation from the usual rule, to do Jother&ise &ould amount to denial of justice andIor bar to a indication of a legitimate grie ance.K J-t is &orth stating here that the contro ersy in the instant case is not just an ordinary suit bet&een 0arties o er a tri ial matter but a litigation initiated by the natural mother o er the &elfare and custody of her child, in &hich the State has a 0aramount interest.K This is not a sim0le collection case. JThe fundamental 0olicy of the State as embodied in the Constitution in 0romoting and 0rotecting the &elfare of children shall not be disregarded by the courts by mere technicality in resol ing dis0utes &hich in ol e the family and the youth.K So there is a collision here bet&een the family ie& found in the Constitution and the technical 0rinci0le of res adjudicata. -f &e sustain the 0rinci0le of res adjudicata then the mother can no longer reco er her child. <ut if &e disregard res judicata, the mother &ill be gi en a chance to get bac" her child, &hich is higher in alue than res judicata. This 0rinci0le obser ed in ).(RE< &as actually re0eated in the 399# case of
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!(U# "s. COURT O" !''E!( 633 CR! 6@A D,99AE
9E(#( JThere should not be a mechanical and uncaring reliance on res judicata &here more im0ortant societal alues deser e 0rotection. The doctrine of res adjudicata is a rule of justice &hich cannot be rigidly a00lied &hen it results to injustice.K This is another 0ronouncement &hich leans on the eEuitable side of the situation rather than on the obser ance of the technical rules of res adjudicata. Hou can disagree &ith the decision but the same can not be &rong. This is &hat you call infallible. -nfallible means no room for error. That is &hy >ustice Jac"son said commenting on the ,S SC( We are not fina! 8ecause we are infa!!i8!e. *ut we are infa!!i8!e 8ecause we are fina!. ;!R ;) ! "OR&ER $U#%&ENT "s. CONC(U I:ENE O" $U#%&ENT
-f you ha e read the Euestionnaire in Remedial %a& last Se0tember 139964, one of the Euestions as"ed by the examiner is( )istinguish the conce0t of <*R <H * F.RGER J,)>GE/T and the conce0t of C./C%,S-LE/ESS .F J,)>GE/T. The t&o conce0ts are found in Section #6. The conce0t of bar by a former judgment is in 0aragra0h RbS and conclusi eness of judgment is in 0aragra0h RcS. These are t&o 0arts of the res adjudicata rule. The t&o conce0ts &ere discussed by the SC in the case of )(4.6( The conce0t of <ar <y * Former Judgment is "no&n in traditional terminology as merger or 8arC and in modern terminology, it is called C%*-G !REC%,S-./C &hile Conclusi eness .f Judgment is traditionally "no&n as co!!atera! estoppe! and in modern terminology it is called -SS,E !REC%,S-./. '( )istinguish <*R <H * F.RGER J,)>GE/T and C./C%,S-LE/ESS .F J,)>GE/T. *( The follo&ing are the distinctions( 3.4 (s to Effect( -f you analy@e 0aragra0h RbS, there are t&o judgments ? in <*R <H * F.RGER J,)>GE/T, the first judgment constitute an absolute bar to all matters directly adjudged as &ell as matters that might ha e been adjudgedC whereas -n C./C%,S-LE/ESS .F J,)>GE/T, the first judgment is conclusi e only on matters actually litigated and adjudged in the first action under 0aragra0h RcS. 2.4 *s to the Re:uisites( -n <*R <H * F.RGER J,)>GE/T, there must be identity of 0arties, subject matter, and cause of actionC but -n C./C%,S-LE/ESS .F J,)>GE/T, e en if there is identity of 0arties or subject matter, it is not necessary that there is identity of causes of action. .f course, for 0ur0oses of the bar exams, that "ind of ans&er &ill suffice but mas maganda if there is illustration( Nung bar by 0rior judgment ? the first judgment is res adjudicata to the second or matters that ha e been adjudged and matters that could ha e been adjudged in relation thereto. E+*G!%E of <ar by a Former Judgment( Com0ulsory counterclaim. - filed a case against you for reco ery of land. Geron "a 0a lang claim sa a"in for reimbursement for necessary ex0enses. -t must be set9u0 in the main action other&ise it is barred fore er. <ut you did not set it u0 and then after&ards, you file a case against me for reimbursement for necessary ex0enses, - &ill mo e to dismiss. Hour claim is already barred because you should ha e raised it as a com0ulsory counterclaim in the first 65
action. The barring of the counterclaim is considered as the a00lication of res adjudicata by a00lying the conce0t of bar by a former judgment. E+*G!%E of Conclusi eness of Judgment( The debtor borro&s from the creditor !3 million 0ayable in 3 installments &ithout any acceleration clause. 7hen the first installment fell due the creditor sue the debtor and the debtor raised the defense of forgery, 'hat the promissory note is forged and as an a!ternati"e defense assuming that the promissory note is "a!id, the first insta!!ment was a!ready e tinguished 8y payment. *fter trial, the court decided against the defendant. Ta0os na. /o&, the second installment fell due. -t is another cause of action. /o&, here comes the 0laintiff filing the case to collect the second installment. '( Can the debtor raise again, in the second case, the defense of F.R>ERH of the 0romissory note8 *( /.. Ta0os na yan. 7e ha e already decided that the 0romissory note &as genuine and that there &as no forgery. This is the same 0romissory note that &e are tal"ing about. So, in other &ords, the issue of forgery is already adjudged in the first case and therefore res adjudicata in the second installment. '( Can the debtor raise the defense of !*HGE/T, that the second installment is already 0aid or is it also barred8 *( HES, because in the first case &hat &as resol ed &as &hether the first installment is 0aid. The judgment is already conclusi e on matters directly adjudged but not to matters &hich ha e not been adjudged. The issue on &hether the second or third installment ha e already been 0aid &as ne er adjudged in the first case. That is the a00lication. Ta"e note that there is no identity of cause of action. *nother exam0le of Conclusi eness of Judgment &as the ruling in the case C!R!N#!N% "s. :ENTUR!NC! ,33 CR! 3AA D,9@AE "!CT ( This in ol es a conflict bet&een t&o brothers, <3 and <2. There is already bad blood bet&een them because according to <3, <2 a00ro0riated all the 0ro0erties of their 0arents. So there &as this threat from <3 to sue <2 to reco er his share. So <2 consulted his friend +. + suggested that <2 enters into a simulated sale &ith +. <2 sold his 0ro0erty to +. *s ex0ected, <3 filed a case against both of them to annul or rescind the action. ,nfortunately, <3 has ne er 0ro ed that the sale &as simulated. The case &as dismissed. Then later <3 died. *fter that, <2 said to + , -sau!i mo na sa a9in ang mga properties 9o. + said, JWhat are you ta!9ing a8outA - a!ready 8ought it from you, a9in na itoI <2 filed a case against +. The defense of + is res adjudicata. 9E(#( There is /. res adjudicata. -n the first 0lace, one of the elements of res adjudicata is identity of 0arties. .f course, both of them are also 0arties of the first case but they &ere not ad erse to each other. They &ere co9defendants in the first case. Res adjudicata is only a00licable bet&een ad erse 0arties in the former suit and not bet&een 0arties. Co90arties for the judgment therein ordinarily settle claims as to their relati e rights and liabilities as co90laintiffs or co9defendants 0er se. <ut the second reason is, the cause of action is com0letely different and therefore the judgment in the first case is conclusi e only insofar as the right of <3 is concerned. -t cannot be conclusi e as to the rights of <2 and + because it is a se0arate cause of action. *nother &as the 3993 case of 66
:#! "I 9 ;RO<ER "s. N(RC 66@ CR! 8@, D,993E
"!CT ( * com0laint filed by an em0loyee for non90ayment of ser ice incenti e lea e, C.%*, 33th month 0ay, holiday 0ay, is dismissed based on the finding that no em0loyer9em0loyee relationshi0 existed bet&een the com0lainant and the res0ondent. The ruling became final. SubseEuently, the same com0lainants filed another case against the same res0ondent for reinstatement due to illegal dismissal. 1;o& can you file for reinstatement na &ala man "ayong ER9EE relationshi0 in the first case8884 I UE( -s the finding of no ER9EE relationshi0 in the first case res adjudicata to the second case for illegal termination8 9E(#( HES. JThe issue of em0loyer9em0loyee relationshi0 is crucial in the determination of the rights of the 0arties in both cases. Res adjudicata a00lies e en &hen the cause of action is not similar under the conce0t of conclusi eness of judgment. The ruling in the first case that there is no Em0loyer9Em0loyee relationshi0 bet&een the 0arties is conclusi e in subseEuent cases although the cause of action is not the same.K J-f &ere &e to ignore the 0rinci0le of res judicata, an absurd situation &ould arise &here the same administrati e agency &ould ha e diametrically o00osed conclusions based on a00arently similar circumstances.K This is &hat &ill ha00en 9 for the second case, there is ER9EE relationshi0. -t is the same agency &hich said there is none in the first case. Conflict: .T;ER !R-/C-!%ES -/ %*7 7;-C; G*H <E C./F,SE) 7-T; RES J,)-C*T*( *.4 %*7 .F T;E C*SE <.4 ST*RE )EC-S-S *nother Euestion that can be as"ed here is, ho& to ex0lain and distinguish 3 conce0ts &hich a00ear to be similar. These 3 conce0ts are all anchored on the same thing( there is a final judgement. The conce0t of res adjudicata, la& of the case and stare decisis. That &as also as"ed in the bar. 7e already "no& RES *)J,)-C*T* ? finality of judgment, or the issues decided in a case, once the decision has become final and executory and cannot be litigated again by the same 0arties in a subseEuent action in ol ing the same subject matter. 1!eDalosa s. Tua@on, supra.4 '( 7hat about the %*7 .F T;E C*SE8 *( %*7 .F T;E C*SE means that legal conclusions announced on a first a00eal, &hether on the general la& of the la& as a00lied to the concrete facts, not only 0rescribe the duty and limit the 0o&er of the trial court to strict obedience and conformity thereto, but they become and remain the la& of the case in all after ste0s, &hether in the lo&er court of in the a00ellate court on a subseEuent a00eal. 1Oarate s. )ir. of %ands, 39 !hil. 6#64 E+*G!%E of la& of the case( There is a case bet&een us and then an issue is raised before the C* and there is a ruling, right or &rong. That ruling &ill subseEuently bind the 0arties in the same litigation. .nce the case comes bac", the future no& of the case &ill be go erned by that ruling. Right or &rong, that 0rinci0le &ill no& be the controlling 0rinci0le affecting the 0arties. The 0rinci0le &ill continue until the case is terminated.
67
T!;!CO "s. COURT O" !''E!( 639 CR! A@B D,99AE I
UE( Can a case be re9o0ened if the la& of the case has been changed8
9E(#( /., because &hen the case &as decided, it &as the go erning la& at the time, e en if it turns out to be &rong. J,nder the la& of the case conce0t, &hate er is once irre ocably established as the controlling legal 0rinci0le or decision continues to be the la& of the case bet&een the same 0arties in the same case, &hether correct or not, so long as the facts on &hich such decision &as 0redicated continue to be the facts of the case before the court. Such stability and conclusi eness gi en to final judgments of courts of com0etent jurisdiction are said to be grounded on reasons of 0ublic 0olicy, judicial orderliness and economy as &ell as 0rotection of the time and interests of the litigants.K * good E+*G!%E( File a"o ng "aso ? collection of an un0aid loan based on the 0ro ision of the Ci il Code but the debtor said, 'here is no cause of action 8ecause the pro"ision of the ci"i! code is unconstitutiona!. *fter trial the court said, ?es, artic!e so@so of the +i"i! +ode is unconstitutiona!. 'he de8tor is not o8!iged to pay. Ta0os na. Final na ang decision because there &as no a00eal. 7hat &ill ha00en8 7e are bound. *s far as this case is concerned, the Ci il Code is unconstitutional. That is the la& of the case. <I(O ;!)!N "s. &OR!TO 6A8 CR! BA7 D,99BE 9E(#( The doctrine of the la& of the case a00lies &hene er the case before the court came for the second time after a ruling of the a00ellate court 18884. '( 7hat you mean by ST*RE )EC-S-S8 *( Stare )ecisis means that the decision of a court should stand as 0recedents for future guidance 1<allentineMs %a& )ict., 2nd Ed., 322$4 Exam0le is the decisions of the SC &hich stands as 0recedents for future cases. The 0ur0ose of this is to attain stability and judicial order. That is &hy &e are citing 0recedents. RO !(E "s. COURT O" "IR T IN T!NCE 35# SCR* 353 R39$6S ;E%)( J!recedents are hel0ful in deciding cases &hen they are substantially identical &ith 0re ious litigations. (rgumentum a simi!i "a!et in !ege. Earlier decisions are guide0osts that can lead us in the right direction as &e tread the =high&ays and by&ays of the la& in the search for truth and justice. These 0ronouncements re0resent the &isdom of the 0ast. They are the oice of anished judges tal"ing to the future. Exce0t &here there is a need to re erse them because of an emergent ie&0oint or an altered situation, they urge us strongly that, indeed, the trodden 0ath is best.K G'rodden /athB ? exam0le is &hen you go on hi"ing li"e in Gt. *0o. -f there is already a 0ath or trail, you &ill not ha e a hard time loo"ing for your &ay u0 to the 0ea" of Gt. *0o. There is already a &ay &hich &ill guide you to reach your destination.
68
<ut the doctrine of stare decisis admittedly does not mean that courts should be sla e fore er to 0recedents. * doctrine long standing has also been re ersed. The SC ex0lained also &hy once in a &hile it abandons the doctrine of stare decisis( 'EO'(E "s. &UMOC ,?7 CR! ,7? D,9@9E 9E(#( J-f &e ha e seen fit to ta"e a second loo" at the doctrine on &hich &e &ere all agreed before, it is not because of a change in the com0osition of this body. -t is irtually the same Court that is changing its mind after reflecting on the Euestion again in the light of ne& 0ers0ecti es. The decisions of this Court are not 0etrified rules gro&n rigid once 0ronounced but ital, gro&ing things subject to change as all life is. 7hile &e are told that the trodden 0ath is best, this should not 0re ent us from o0ening a fresh trial or ex0loring the other side or testing a ne& idea in a s0irit of continuing inEuiry.K '( )istinguish Res *djudicata and Stare )ecisis. *( RES *)J,)-C*T* o0erates bet&een t&o actions in ol ing the same 0arties and the same cause1of action4C whi!e ST*RE )EC-S-S refers to cases &ith different 0arties. ST*RE )EC-S-S refers only to decisions of the SC 1decisions of the C* are not a basis of stare decisis4C whi!e the doctrine of RES *)J,)-C*T* refers to all courts( SC, C*, RTC and GTC. '( )istinguish %a& .f The Case and Stare )ecisis. *( %*7 .F T;E C*SE refers only to one case &hich may or may not be in o"ed in subseEuent cases, whi!e ST*RE )EC-S-S may refer to arious cases &hich are usually in o"ed in subseEuent cases.
ec. A@. Effect of foreign judgments or fina! orders. H The effect of a 1ud0/e+t or f*+al order of a tr*2u+al or a fore*0+ cou+try, ha3*+0 1ur*sd*ct*o+ to re+der the 1ud0/e+t or f*+al order *s as follo4sF =a> I+ case of a 1ud0/e+t or f*+al order upo+ a spec*f*c th*+0, the 1ud0/e+t or f*+al order *s co+clus*3e upo+ the t*tle to the th*+0G a+d =2> I+ case of a 1ud0/e+t or f*+al order a0a*+st a perso+, the 1ud0/e+t or f*+al order *s presu/pt*3e e3*de+ce of a r*0ht as 2et4ee+ the part*es a+d the*r successors *+ *+terest 2y a su2se5ue+t t*tle. I+ e*ther case, the 1ud0/e+t or f*+al order /ay 2e repelled 2y e3*de+ce of a 4a+t of 1ur*sd*ct*o+, 4a+t of +ot*ce to the party, collus*o+, fraud, or clear /*stake of la4 or fact. =B7a> Sec. #$ is actually a la& on conflict of la&s 9 effect of foreign judgment. -f a judgment is rendered in ,.S. and is being in o"ed in the !hili00ines, should &e honor it8 Hes. So, is it conclusi e8 Hes. The la& says, in case of judgment u0on a s0ecific thing, the judgment or final order is conclusi e effecti ely. !R.<%EG( Gort erine and GistiEla &ere both in the ,.S. and they Euarreled about the o&nershi0 of a ring. They &ent to an *merican court. *fter trial, the court ruled that Gort erine is the legitimate o&ner of the ring. The judgment became final. SubseEuently both of them came to the !hili00ines and GistiEla filed a case against Gort erine to reco er the same ring. Sabi ni Gort erine, Res adjudicata na ito eh, tapos na yan. Here is the decision in (merica. 'herefore it is sett!ed. '( -s * correct8 69
*( HES. ,nder 0aragra0h RaS. -n case of a foreign judgment u0on a S!EC-F-C T;-/>, the judgment is conclusi e u0on the 0arties. ;indi 0u&edeng bu"san. ThatMs already litigated abroad, merong nang decision. 7e &ill res0ect it. Su00ose the judgment is against a 0erson. The la& says it is 0resum0ti e e idence of a right as bet&een the 0arties. E+*G!%E( * and < &ere both *mericans. They &ere married in the ,.S. and obtained a di orce in the states. They came to the !hili00ines. The issue is &hether the marriage &as alidly terminated. *ccording to one 0arty, ?es, meron man tayong di"orce 8a. -s the decree of di orce abroad in ol ing these *merican cou0le allo&ed in the !hili00ines considering &e ha e no di orce here8 That is their la&. -t is 0resum0ti e e idence of a right of the 0arties. E+*G!%E( ; and 7 are !hili00ine citi@ens. They &ent abroad and someho& able to get a di orce in an *merican court &hich became final. They came bac" here. 7ill the !hili00ine court honor the di orce8 ;ere, the judgment may be re0elled by &ant of jurisdiction of the *merican court, etc. The judgment is 0resumed to be alid unless you can attac" by sho&ing lac" of jurisdiction. 7hat is the 0rinci0le in 0ri ate international la&8 * judgment of di orce rendered by an *merican court bet&een 2 Fili0inos is null and oid. 7hy8 The *merican court ne er acEuired jurisdiction o er the status of the 0arties 1because they are not ,.S. citi@ens4. <ut judgment in 0ersonam is honored here exce0t &hen there is &ant of jurisdiction, &ant of notice to the 0arty, collusion, fraud, or clear mista"e of la& or fact. '( ;o& do you enforce a foreign judgment8 *( The usual 0rocedure, you file a case against the same defendant here and the cause of action is enforcement of a foreign judgment. *nd then the !hili00ine court &ill render a judgment enforcing it and then you can execute. The SC commented on the enforcement of a foreign judgment in the !hili00ines in the case of '9I( EC "s. COURT O" !''E!( $u+e ,9, ,99? 9E(#( J7hile this court has gi en the effect of res judicata to foreign judgments in se eral cases, it &as after the 0arties o00osed to the judgment had been gi en am0le o00ortunity to re0el them on grounds allo&ed under the la&. -t is not necessary for this 0ur0ose to initiate a se0arate action or 0roceeding for enforcement of the foreign judgment. 7hat is essential is that there is o00ortunity to challenge the foreign judgment, in order for the court to 0ro0erly determine its efficacy. This is because in this jurisdiction, &ith res0ect to actions in 0ersonam, as distinguished from actions in rem, a foreign judgment merely constitutes 0rima facie e idence of the justness of the claim of a 0arty and, as such, is subject to 0roof to the contrary.K 7ith that, &e are no& through &ith Rule 39. 5WheewI7 9o.o9
70

Rule 39 - Execution

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Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

5 years by inde0endent action

5 years by inde0endent action

3A years *rticle 33##, Ci il Code

3A years last sentence of Section B

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments

Rule 39 Execution, Satisfaction And Effect of Judgments