• Remedy 1: When the return of a writ of execution against the
property of a judgment obligor shows that the judgment remain unsatisfied, in whole or in part, and upon proof to the satisfaction of the court which issued the writ, that a person, corporation, or other juridical entity has property of such judgment obligor or is indebted to him, the court may, by an order, require such person, corporation, or other juridical entity, or any officer, or member thereof, to appear before the court or a commissioner appointed by it, at a time and place within the province or city where such debtor resides or is found, and be examined concerning the same.
Hence, if the RTC Bulacan and the obligor is a resident of
Quezon City, he cannot be required to appear and examined. Remedy when the judgment is unsatisfied.
• Remedy 2: A person, corporation, or other juridical entity,
indebted to the judgment debtor may be required to appear before the court or a commissioner appointed by it, at the time said place within the province or city where such debtor resides is found and be examined concerning the same. Illustrative Case: Esguerra v. Holcim
• Facts: Esguerra filed a petition to RTC Bulacan to annul
the free patent in the name of de Guzman as he is said to be the owner of the subject land. Esguerra learned that the land was being offered by de Guzman to Holcim. Inadvertently, a patent was issued to former possessor of the land (Ms. Maningas) were it was subsequently issued to de Guzman. Esguerra then demanded that a portion of his property which has been encroached upon be excluded. He also pray that Holcim to desist from hauling marble on the property and he shall be paid for such. • RTC dismissed the case, but by Appeal, the CA reversed the Decision. Illustrative Case: Esguerra v. Holcim
• Issue: WHETHER OR NOT THE GRAVELY ERRED IN NOT
HOLDING THAT [HOLCIM] IS ESTOPPED TO QUESTION THE JURISDICTION OF THE TRIAL COURT TO CONDUCT A HEARING ON THE EXACT PAYMENT WHICH WAS SUPPOSED TO PAY TO THE PETITIONERS. • Doctrine: Nothing in the rules gives the court the authority to order such person or corporation to pay the same. Execution of judgment can only be issued against one who is a party to the action, and not against one, who, not being party thereto, did not have his day in court. Due process demands that a court decision can only bind a party to the litigation and not against innocent 3rd parties.