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If the award is for payment of money, execution is enforced by:

(1) Immediate payment on demand (2) Satisfaction by levy

(3) Garnishment of debts and credits [Rule 39, Sec. 9]

I. IMMEDIATE PAYMENT ON DEMAND

(1) The officer shall demand from judgment obligor the immediate payment of the full amount stated in the writ and all lawful fees

(2) The judgment obligor shall pay the amount of the judgment debt

(a) Payable in Cash, Certified bank check payable to judgment obligee, or any other form of payment acceptable to judgment obligee

(i) In no case shall sheriff demand that any payment by check be made payable to him

(ii) Amount of judgment under proper receipt directly to the judgment obligee or his authorized representative if present at time of payment (b) If judgment obligee or his

representative is present to receive payment:

(i) Judgment obligor shall delver payment to executing sheriff (ii) Sheriff shall turn over the

amounts within the same day to the clerk which issued the writ or deposit the amounts to a fiduciary account in the nearest government depository bank of the RTC of the locality

(3) The judgment obligor shall pay the lawful fees handed over to the sheriff.

137 Sheriff shall turn over the said amount within the same day to the clerk that issued the writ

(4) If there is any excess it shall be delivered to the judgment obligor. Lawful fees shall be retained by the clerk

II. SATISFACTION BY LEVY

Levy is the act whereby a sheriff sets apart or appropriates for the purpose of satisfying the command of the writ, a part or the whole of the judgment debtor’s property.

Levy means the act or acts by which an officer sets apart or appropriates a part or the whole of the property of the judgment debtor for purposes of the prospective execution sale [Llenares v. Vandevella (1966)].

If susceptible of appropriation, the officer removes and takes the property for safekeeping; otherwise the same is placed under sheriff’s guards. Without valid levy having been made, any sale of the property thereafter is void.

Conditions before resort to Satisfaction by Levy

(1) If the judgment obligor cannot pay all or part of the obligation then the officer shall levy upon the properties of the judgment obligor

(2) Characteristics of properties to be levied (a) Properties of every kind and nature

whatsoever

(b) Which may be disposed of for value (c) Not otherwise exempt from execution Procedure

(1) The judgment obligor have the option to immediately choose which property or part thereof may be levied upon, sufficient to satisfy judgment

(2) If judgment obligor does not exercise the option:

(a) The officer shall first levy on personal properties, if any

(b) If personal properties are insufficient, then on the real properties

(3) Sheriff shall sell only sufficient portion of personal or real property of the judgment obligor levied upon

(4) If there is more property than is sufficient to satisfy judgment and lawful fees, then sell only so much as is sufficient

III. GARNISHMENT OF DEBTS AND CREDITS

Garnishment is considered as a species of attachment for reaching credits belonging to the judgment debtor and owing to him from a stranger to the litigation

The Officer may levy on:

(1) Debts due the judgment obligor and other credits,

(2) Including bank deposits, financial interests, royalties, commissions,

(3) And other personal property not capable of manual delivery in possession and control of third parties

The process of levying shall be called garnishment if the property involved is money, stocks, or other incorporeal property in the hands of third persons. Garnishment merely sets apart such funds but does not constitute the creditor as owner of the garnished property.

Garnishment is not a violation of RA 1405 on the secrecy of bank deposits. [Chinabank v.

Ortega (1973)]

Notes: Upon service of the writ of garnishment, the garnishee becomes a

“virtual party” or “forced intervenor” to the case and the trial court thereby acquires jurisdiction to bind the garnishee to comply with its orders and processes. [BPI v. Lee (2012)]

138 UP’s funds, being government funds, are not subject to garnishment. Moreover, The execution of the monetary judgment against the UP was within the primary jurisdiction of the COA. [UP v. Dizon (2012)]

Procedure

(1) Levy shall be made by serving notice upon:

(a) The person owing such debts, or (b) Having in his possession or control

such credits to which judgment obligor is entitled

(2) Garnishment to cover only such amount as will satisfy judgment and lawful fees (3) If there are 2 or more garnishees, holding

deposits or credits sufficient to satisfy judgment, judgment obligor shall have the right to indicate the garnishee/s who shall be required to deliver. Otherwise, the choice shall be made by judgment obligee

(4) The garnishee shall make a written report to the court within 5 days from service of notice of garnishment. The report shall state whether:

(a) Judgment obligor has sufficient funds or credits to satisfy judgment, OR

(b) Judgment obligor has insufficient funds or credits to satisfy judgment (5) Garnish the amount which may be in

cash, or certified bank check issued in the name of judgment obligee

(6) Garnished amount shall be delivered directly to judgment obligee within 10 working days from service of notice on said garnishee requiring such delivery (7) Follow procedure under “Immediate

Payment on Demand” with respect to delivery

(8) Lawful fees shall be paid directly to court

C. 6. EXECUTION OF JUDGMENTS FOR SPECIFIC ACTS

[Rule 39, Sec. 10]

For Conveyance of Real of Land or Personal Property

Judgment directs a party to:

(a) Execute a conveyance of land or personal property;

(b) Deliver deeds or other documents; or (c) Perform any other specific act in

connection therewith

If the party fails to comply within the time specified:

(1) Court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court; or (2) If the real or personal property directed

to be conveyed is situated in the Philippines, court may by order divest the title of any party and vest it in others, which shall have the force and effect of conveyance executed in due form.

For Sale of real or personal property

An order for execution shall be issued describing the property to be sold, and directing the sheriff or other proper officer to sell it, and apply the proceeds in conformity with the judgment. [Rule 39, Secs. 8(b), 10]

For Delivery or Restitution of Real Property The officer shall demand of the person against whom the judgment is rendered and all persons claiming rights under him to peaceably vacate the property within three (3) working days, and restore possession to the judgment obligee.

Otherwise, the officer shall oust all such persons therefrom with the assistance, if necessary, of appropriate peace officers, and employing such means as may be reasonably necessary to retake possession, and place the

139 judgment obligee in possession of such property.

Any costs, damages, rents or profits awarded by the judgment shall be satisfied in the same manner as a judgment for money.

Removal of improvements on property subject of execution

When the property subject of the execution contains improvements constructed or planted by the judgment obligor or his agent, the officer shall not destroy, demolish or remove said improvements except:

(1) upon special order of the court, issued upon motion of the judgment obligee after due hearing; and

(2) after the judgment obligor has failed to remove these within a reasonable time fixed by the court.

Delivery of personal property

The officer shall take possession of the same and forthwith deliver it to the party entitled to it, and satisfy any judgment for money as therein provided.

C. 7. EXECUTION OF SPECIAL