CREDITOR IF JUDGMENT NOT
SATISFIED [SECS. 36-43, RULE 39]
G. 1. EXAMINATION OF JUDGMENT
OBLIGOR
When Available
At any time after return is made, when it shows that judgment remains unsatisfied in whole or in part
Procedure
Judgment Obligee entitled to an order from the court which rendered the judgment to appear and be examined concerning his property and income before the court or a commissioner assigned by the court.
Attendance may be compelled by order or
subpoena. Failure to obey such order or
subpoena, to answer as a witness, or to
subscribe his deposition may be punished for contempt. [Sec. 38, Rule 39]
Limitations
(1) No judgment obligor shall be required to appear before a court or commissioner outside the province or city in which such obligor resides or is found. [Sec. 36, Rule
39]
(2) A judgment obligor may no longer be examined after the lapse of the five years within which a judgment may be enforced by motion. [Umali v. Coquia, G.R. No. L- 46303 (1988)]
Order for payment in Fixed Monthly Installments [Sec. 40, Rule 39]
Upon finding that the earning of the judgment debtor for his personal services are more than necessary for the support of his family, the court may order payment in fixed monthly installments.
The court may also, upon failure of the judgment obligor without good excuse to pay any installment when due, punish him for indirect contempt.
G.2 EXAMINATION OF OBLIGOR OF
JUDGMENT OBLIGOR
When Available
(1) At any time after return is made, when it shows that judgment remains unsatisfied in whole or in part; and
(2) Upon proof to the satisfaction of the court which issued the writ, that a natural person or juridical entity has property of the judgment obligor or is indebted to him Procedure
Court may, by an order, require such natural person, or any officer or member of such juridical entity, to appear and be examined before the court or a commissioner concerning such property or debt.
Attendance may be compelled by order or
subpoena. Failure to obey such order or subpoena, to answer as a witness, or to
subscribe his deposition may be punished for contempt. [Sec. 38, Rule 39]
Effect
Service of order shall bind all credits due to judgment debtor and all money and property in the possession or control of such person, from the time of service.
Note: This is not applicable if there is no issue concerning the indebtedness of the bank and there is no denial by the depositor of the existence of the deposit with the bank which is considered a credit in favor of the depositor against the bank [PCIB v. CA, G.R. No. 84526 (1991)]
When Alleged Obligor Denies Debt or Claims Property
When such person claims an interest in the property adverse to the judgment obligor or denies the debt, the court may issue an order
(1) authorizing the judgment creditor to institute an action against such person for the recovery of such interest or debt, and
(2) forbidding transfer or disposition of such interest or debt for 120 days.
G.3 OTHER REMEDIES
ORDER FOR APPLICATION OF PROPERTY OR INCOME
Court may order any property of judgment debtor, or any money due him, nor exempt from execution, in the hands of either himself or another person, to be applied to the satisfaction of judgment. [Sec. 40, Rule 39] After a writ of execution against property has been issued, a person indebted to judgment obligor may pay to the sheriff holding the writ the amount of his debt, or so much thereof as may be necessary to satisfy the judgment. Sheriff’s receipt shall be sufficient discharge for the amount so paid. [Sec. 39, Rule 39] APPOINTMENT OF RECEIVER
The court may appoint a receiver for the property of judgment debtor not exempt from execution, and may also forbid disposition or interference with the property. [Sec. 41, Rule
39]
If court finds that the judgment obligor has an interest in real estate in the place where proceedings are had, and such interest may be ascertained without controversy, the
receiver may be ordered to sell and convey such interest in the same manner as in a sale of real estate upon execution. [Sec. 42, Rule
39]
H. EFFECT OF JUDGMENT OR
FINAL ORDERS
IMMUTABILITY OF JUDGMENTS
A judgment that has acquired finality becomes immutable and unalterable, and may no longer be modified in any respect, even if the modification is meant to correct erroneous conclusions of fact and law, and whether it be made by the court that rendered it or by the Highest Court of the land. [PNB v. Spouses Maranon, G.R. No. 189316 (2013)]
Rationale:
(1) to avoid delay in the administration of justice, and procedurally to make orderly the discharge of judicial business
(2) to put an end to judicial controversies at the risk of occasional errors
H.1 DUAL ASPECT OF RES JUDICATA
(1) Bar by Former Judgment – thejudgment or final order is a bar to the prosecution of ta subsequent action based on the same claim or cause of action o Described by Sec. 47, pars. (a) and (b),
Rule 39
o Also known as “Estoppel by Verdict”
(2) Conclusiveness of Judgment – the judgment or final order precludes the relitigation of particular issues or facts on a different demand or cause of action o Described by Sec. 47, par. (c), Rule 39 o Also known as the Rule of Auter
Action Pendant
BAR BY FORMER
JUDGMENT CONCLUSIVENESS OF JUDGMENT Requires identity of
parties, subject matter, and causes of action
There is only identity of parties and subject matter
Cause of action are different
Absolute Bar to: (a) all matters directly adjudged; and (b) those that might have been adjudged
Conclusive as to matters directly adjudged and actually litigated
BAR BY FORMER JUDGMENT
The judgment or decree of a court of competent jurisdiction on the merits concludes the parties and their privies to the litigation and constitutes a bar to a new action or suit involving the same cause of action either before the same or any other tribunal. [Machoca v. Cariaga, G.R. No. 75109-10 (1989)]
Requisites:
(1) A FINAL judgment or order
(2) JURISDICTION over the subject matter and the parties by the court rendering it
(3) Judgment UPON MERITS
(4) Between the TWO CASES, there is:
(a) IDENTITY OF PARTIES
(b) IDENTITY OF SUBJECT MATTER
(c) IDENTITY OF CAUSE OF ACTION GENERAL RULE: For res judicata to apply, trial must be made on the merits of the case. EXCEPTION: Sec. 3, Rule 17 of ROC: If plaintiff fails to appear at the time of the trial, or to prosecute his action for an unreasonable length of time, or to comply with these rules or any order of the court, the action may be dismissed upon motion of the defendant or upon the court's own motion. This dismissal shall have the effect of an adjudication upon the merits, unless otherwise provided by court. [Development Bank v. CA, G.R. No. 110203 (2001)]
Res Judicata in Judgments in Rem Judgments or final
order Conclusive as to
Against a specific
thing Title of the thing
Probate of a will or administration of the estate of a deceased person The will or administration.
However, the probate of a will or granting of letters of administration shall only be prima facie evidence of the death of the testator or intestate; in respect to the personal, political, or legal condition or status of a particular person or his relationship to another Condition, status or relationship of the person,
Res Judicata in Judgments in
Personam
In other cases, the judgment or final order is, with respect to the matter directly adjudged or as to any other matter that could have been missed in relation thereto, conclusive: (1) Between the parties and
(2) Their successors in interest, by title subsequent to the commencement of the action or special proceeding, litigating for the same thing and under the same title and in the same capacity.
CONCLUSIVENESS OF JUDGMENT
Any right, fact or matter in issue directly adjudicated or necessarily involved in the determination of an action before a competent court in which a judgment or decree is rendered on the merits is conclusively settled by the judgment therein and cannot again be litigated between the parties and their privies whether or not the claim or demand, purpose or subject matter of the two suits is the same. [Machoca v.Cariaga, G.R. No. 75109-10 (1989)]
Requisites:
(1) A FINAL judgment or order
(2) JURISDICTION over the subject matter and the parties by the court rendering it
(3) Judgment UPON MERITS
(4) Between the TWO CASES, there is:
(a) IDENTITY OF PARTIES
(b) IDENTITY OF ISSUES
H.2 RES JUDICATA, LAW OF THE
CASE AND STARE DECISIS
Stare Decisis - When the SC has laid down a principle of law applicable to a certain state of facts, it will adhere to that principle and apply to it all future cases where the facts are substantially the same
Law of the Case - Whatever is once irrevocably established as the controlling legal rule or decision between the same parties in the case continues to be the law of the case whether correct on general principles or not, so long as the facts on which such decision was predicated continue to be the facts of the case before the court.
As discussed in Ayala Corp. v. Rosa-Diana
Realty, G.R. 134284 (2000):
Res Judicata
Law of the
Case Stare Decisis
The ruling in one case is carried over to another case between the same parties Operates only in the particular and single case where the ruling arises and is not carried into other cases as a precedent The ruling adhered to in the particular case need not be followed as a precedent in subsequent litigation between other parties Once a point of law has been established by the court, that point of law will, generally, be followed by the same court and by all courts of lower rank in subsequent cases where the same legal issue is raised
I. ENFORCEMENT AND EFFECT OF
FOREIGN JUDGMENT OR FINAL
ORDERS
PUBLIC POLICY PRINCIPLE
A judgment by a foreign court is enforceable only within its territorial jurisdiction.
A valid judgment rendered by a foreign tribunal may be recognized insofar as the immediate parties the underlying cause of action are concerned so long as it is convincingly shown that: (1) There has been an opportunity for a fair hearing before a court of competent jurisdiction
(2) Trial upon registered proceedings has been conducted
(3) There is nothing to indicate either a prejudice in court and in the system of laws under which it is sitting or fraud in procuring the judgment [Philippine Aluminum v. Fasgi Enterprises, G.R. No. 137378 (2000)]
Such limitation on the review of foreign judgment is adopted in all legal systems to avoid repetitive litigation on claims and issues, prevent harassment of the parties and avoid undue imposition on the courts.
This policy of preclusion rests on principles of comity, utility and convenience of nations.
As a generally accepted principle of international law, it is part of the law of the Philippines by virtue of the Incorporation Clause [Sec. 2, Art. II, 1987 Constitution] [Regalado]
Two Ways of Giving Effect to Foreign Judgment: (1) An ordinary action to enforce the foreign
judgment may be filed in court; or
(2) It may be pleaded in an Answer or a Motion to Dismiss.
EFFECT OF FOREIGN JUDGMENTS [Sec. 48, Rule 39]
NATURE EFFECT
In judgments against a specific thing (in rem)
Judgment is CONCLUSIVE upon the title to the thing
In judgments against a person (in personam)
Judgment is PRESUMPTIVE evidence of a right as between parties and their successors-in- interest by a subsequent title In both cases, judgment may be repelled by evidence of:
(1) Want of jurisdiction (2) Want of notice (3) Collusion (4) Fraud
(5) Clear mistake of law or fact
A foreign judgment is presumed to be valid and binding in the country from which it comes, until a contrary showing, on the basis of a presumption of regularity of proceedings and the giving of due notice in the foreign forum.
Before our courts can give the effect of res judicata to a foreign judgment, it must be shown that the parties opposed to the judgment had been given ample opportunity to do so on grounds under Section 48 of Rule 39 of the Rules of Court. [Roehr v. Rodriguez, G.R. No. 142480 (2003)]
VII. Provisional Remedies
Nature of Provisional Remedies
Provisional remedies are writs and processes available during the pendency of the action which may be resorted to by a litigant for the preservation or protection of their rights and interests therein pending rendition, and for purposes of the ultimate effects, of a final judgment in the case; also known as ancillary or auxiliary remedies.
They are temporary, auxiliary, and ancillary remedies available to a litigant for the protection and preservation of his rights while the main action is pending. They are writs and processes which are not main actions and are dependent for their application the existence of a principal action.
They are applied to a pending litigation, for the purpose of securing the judgment or preserving the status quo, and in some cases after judgment, for the purpose of preserving or disposing of the subject matter. [Calo v.
Roldan, G.R. No. L-252 (1946)]
Orders granting or denying provisional remedies are merely interlocutory and cannot be the subject of an appeal. They may however be challenged before a superior court through a petition for certiorari under Rule 65.
Purpose of Provisional Remedies (1) To preserve or protect litigants’ rights or
interests during the pendency of the principal action;
(2) To secure the judgment;
(3) To preserve the status quo of the the things subject to the action or the relation between the parties; and
(4) To preserve the subject matter of the action.
Kinds of Provisional Remedies (1) Preliminary Attachment [Rule 57] (2) Preliminary Injunction [Rule 58] (3) Receivership [Rule 59]
(4) Replevin [Rule 60]
(5) Support Pendente Lite [Rule 61]
NOTE: The enumeration above is not exclusive. The court may invoke its equity
jurisdiction and order the appropriate reliefs during the pendency of an action
Jurisdiction over Provisional Remedies
The court which grants or issues a provisional remedy is the court which has jurisdiction over the main action.
Inferior courts may also grant all appropriate provisional remedies in an action pending with it and is within its jurisdiction [Sec. 33 (1), BP 129]