Mensajes de fallo de la unidad de T/R del GM35

GENERAL RULE: Execution shall issue as a matter of right, on motion, upon a judgment or order that disposes of the action or proceeding upon the expiration of the period to appeal therefrom if no appeal has been duly perfected.

If the appeal has been duly perfected and finally resolved, the execution may forthwith be applied for in the court of origin, on motion of the judgment obligee, submitting therewith certified true copies of the judgment/s or final order/s sought to be

enforced and of the entry thereof, with notice to the adverse party.

EXCEPTIONS:

Execution may Issue even if judgment not final in the following cases:

(1) Support pendente lite

(2) Judgments of inferior courts in ejectment cases

(3) Execution pending appeal

(4) Injunction, accounting, receivership, support [Sec. 4, Rule 39]

(5) Decision of the RTC in appealed civil cases under Summary Procedure, including forcible entry and unlawful detainer

(6) Decision of the LA reinstating dismissed employee, insofar as reinstatement aspect is concerned

B.1.

EXECUTION AS A MATTER OF

RIGHT [SEC. 1, RULE 39]

A judgment becomes final and executory by operation of law, not by judicial declaration. The prevailing party is entitled as a matter of right to a writ of execution, and the issuance thereof is a ministerial duty and compellable by mandamus. [Herrera]

Execution as a matter of right is available in two instances:

(1) No appeal has been perfected or period of appeal has expired

(2) Appeal has been perfected and finally resolved

NOTE: Some judgments are not appealable, e.g. Small Claims judgments, compromise judgments, etc

How Done

(1) If no appeal is perfected, prevailing party applies by motion for a writ of execution

(2) If an appeal has been perfected and finally resolved –

(a) prevailing party files a motion in the court of origin, submitting:

(i) certified true copies of the judgment/s or final order/s sought to be enforced;

(ii) certified true copies of the entry thereof; and

(iii) with notice to the adverse party.

(b) appellate court may also direct the court of origin to issue the writ of

execution, upon motion in the same case, when the interest of justice so requires.

NOTE: Execution may only issue upon motion with notice of hearing.

GENERAL RULE: Issuance of the writ of execution is a matter of right on the part of the prevailing party when the judgment or order becomes executory. The court cannot refuse execution.

EXCEPTIONS:

The issuance of a writ of execution which issues as a matter of right can be countered in any of the following cases:

(1) When the judgment has already been executed by the voluntary compliance thereof by the parties;

(2) When a judgment has been novated by the parties;

(3) When a petition for review is filed and preliminary injunction is granted; Also, when execution of the judgment has been enjoined by a higher court;

(4) When the judgment sought to be executed is conditional or incomplete;

(5) When facts and circumstances transpire which would render execution inequitable or unjust;

(6) When execution is sought more than five (5) years from its entry without it having been revived;

(7) When execution is sought against property exempt from execution;

(8) When refusal to execute the judgment has become imperative in the higher interest of justice. [Riano]

Supervening Event Doctrine

A supervening event can be invoked for the modification or alteration of a final judgment. This refers to:

(1) Facts which transpire after judgment has become final and executory;

(2) New circumstances which developed after the judgment has acquired finality;

(3) Matters which the parties were not aware of prior to or during the trial as they were not yet in existence at that time.

(4) The supervening facts or circumstances must either bear a direct effect upon the matters already litigated and settled or

create a substantial change in the rights or relations of the parties therein which render execution of the final judgment unjust or impossible [Lim v. Jabalde, G.R. No. L36786 (1989)]

B.2. DISCRETIONARY EXECUTION

[SEC. 2, RULE 39]

Discretionary Execution Execution as a Matter of Right

May issue before the lapse of period to appeal, and even during appeal

Period to appeal has already lapsed and no appeal is perfected, or there is no appeal Discretionary upon the

court

Upon showing of good reason for execution

Ministerial duty of the court

Provided there are no supervening events Under the Rule on Discretionary Execution (also called execution pending appeal), the court rendering the judgment, if it still has jurisdiction, may exercise discretion and order execution pending appeal.

It is the execution of a judgment or final order before it attains finality. The court which rendered the decision can grant an execution pending appeal if it still retains jurisdiction over the case and is in possession of the records at the time of the filing of the motion; otherwise, the motion shall be acted upon by the appellate court.

To be valid, there should be a good reason to justify execution pending appeal, stated in the order which granted it.

Mere issuance of a bond to answer for damages is no longer considered a good reason for execution pending appeal [Planters

Products v. CA, G.R. No. 106052 (1999)]

“Good reasons”

Compelling circumstances justifying the immediate execution lest judgment becomes illusory, or the prevailing party may after the lapse of time become unable to enjoy it [Fareast Bank v. Toh, G.R. No. 144018 (2003)] Examples of Good Reasons:

(1) Where the goods subject of the judgment stand to perish or deteriorate during the pendency of the appeal [Yasuda v. CA]

(2) The award of actual damages is for an amount fixed and certain [Radio

Communications Inc. v. Lantin]. But not an

award for moral and exemplary damages

(3) Insolvency of a defeated party [Hacienda

Navarro v. Labrador]

(4) The prevailing party is of advanced age and in a precarious state of health and the obligation in the judgment is non- transmissible, being for support [De Leon v.

Soriano]

(5) Where defendants were exhausting their income and have no other property aside from proceeds of the property subject in litigation [Lao v. Mencias]

Discretionary Execution is not applicable in the case of the Court of Appeals:

(1) The Rule on Discretionary Execution contemplates a situation where a judgment or final order rendered in the exercise of its original jurisdiction and the prevailing party in said decision seeks immediate execution during the pendency of an appeal.

(2) The CA has no authority to issue IMMEDIATE EXECUTION PENDING APPEAL OF ITS OWN DECISIONS THEREIN.

(3) Discretionary execution is allowed pending appeal of judgment or final order of the trial court upon good reasons to be stated in a special order.

A judgment of the CA cannot be executed pending appeal. [Heirs of Justice JBL Reyes v.

CA, G.R. No. 135180-81 (2000)]

Requisites for Discretionary Execution:

(1) There must be a motion filed by prevailing party with notice to adverse party

(2) There must be a hearing of the motion for discretionary execution

(3) There must be good reasons to justify the discretionary execution

(4) These good reasons must be stated in a special order after due hearing

When Filed

The motion for discretionary execution shall be filed with the trial court while

(1) it has jurisdiction over the case; and

(2) it is in possession of either the original record or the record on appeal.

After the trial court has lost jurisdiction, the motion may be filed in the appellate court. [Bangkok Bank Public Company, Ltd. v. Lee, G.R. No.159806 (2006)]

Stay of Discretionary Execution

Discretionary execution may be stayed upon approval by the proper court of a sufficient

supersedeas bond filed by the party against

whom it is directed, conditioned upon the performance of the judgment or order allowed to be executed in case it shall be finally sustained in whole or in part [Sec. 3, Rule 39]

Bond may be proceeded against on motion with notice to surety

GENERAL RULE: The filing of a supersedeas bond is sufficient to stay the enforcement of a discretionary execution. EXCEPTION: However, the filing of the supersedeas bond does not entitle the judgment debtor to the suspension of execution as a matter of right. Where the needs of the prevailing party are urgent, the Court can order immediate execution despite such supersedeas bond. [Regalado]

If judgment is reversed totally or partially, or annulled

The trial court may, on motion, issue such orders of restitution or reparation of damages as equity and justice may warrant under the circumstances

Remedy against Discretionary Execution

The remedy is certiorari by Rule 65. The fact that the losing party has also appealed from the judgment does not bar certiorari proceedings as the appeal could not be an adequate remedy from such premature execution. [Hererra]

C. HOW JUDGMENT IS EXECUTED

C.1. EXECUTION BY MOTION OR

INDEPENDENT ACTION [SEC. 6,

RULE 39]

Modes

of

Enforcement

of

Execution

Mode When Enforced

By Motion Within 5 years from date of _{entry of judgment} By

Independent Action

After the lapse of 5 years from date of entry and before it is barred by statute of limitations which is 10 years from date of entry (Art. 1144(3))

NOTE: The revived judgment may be enforced by motion within 5 years from date of its entry and thereafter by action before it is barred by statute of limitations.

Once the judgment is revived, the 10-year prescriptive period commences to run from the date of finality of the revived judgment and not the original judgment. [PNB v.

Bondoc, G.R. No. L-20236 (1965)]

C.2. ISSUANCE AND CONTENTS OF

A WRIT OF EXECUTION [SEC. 8,

RULE 39]

Contents of the Writ of Execution

(1) Issued in the name of the Republic from the court which granted the motion

(2) States the name of the court, case number and title, dispositive part of judgment or order

(3) Requiring the sheriff or other proper officer to whom it is directed to enforce the writ according to its terms

(4) In all cases, it shall also specifically state the amount of interest, cost, damages, rents, or profits due as well as the principal obligation

Dispositive Portion as Subject of Execution

GENERAL RULE: The dispositive portion of the decision is that part that becomes the subject of execution

EXCEPTIONS:

(1) Where there is ambiguity, the body of the opinion may be referred to for purposes of construing the judgment because the dispositive part of a decision must find support from decision’s ratio decidendi (2) Where extensive and explicit discussion

and settlement of the issue is found in the body of the decision

Two Whom Issued

GENERAL RULE: Only real parties in interest in an action are bound by judgment rendered therein and by the writs of execution

EXCEPTIONS:

There are certain cases where the writ may be issued against non-parties:

(1) One who is privy to judgment debtor can be reached by an order of execution and writ of demolition [Vda. De Medina v. Cruz, G.R. No. L-39272 (1988)]

(2) Issued against one who not being originally a party to the case submits his interest to the court for consideration in the same case and invites adjudication regarding said interest [Jose v. Blue, G.R. No. L-28646 (1971)]

(3) Where non-parties voluntarily signed the compromise agreement or voluntarily appeared before court [Rodriguez v.

Alikpala, G.R. No. L-38314 (1974)]

(4) Where the remedy of a person not a party to the case which he did not avail of, was to intervene in the case in question involving rights over the same parcel of land and said person in another case was adjudged buyer in bad faith thereof [Lising

v. Plan, G.R. No. 50107 (1984)]

(5) In an ejectment case, where 3rd party derived his right of possession from defendant particularly when such right was acquired only after filing of ejectment suit [Cordova v. Tornilla, AM No. MTJ-94- 997 (1995)]

Remedies against a Writ of Execution GENERAL RULE: The execution of final and executory judgments may no longer be contested and prevented, and no appeal should lie therefrom.

EXCEPTIONS:

Instances where errors may be committed prejudicial to the rights of a party, calling for correction by a higher court. Examples of these instances are:

(1) When the writ varies the judgment;

(2) When there has been a change in the situation of the parties rendering execution inequitable;

(3) When execution is sought to be enforced against property exempt from execution;

(4) When it appears that the controversy has never been submitted to the judgment of the court;

(5) When the terms of the judgment are not clear enough and there remains room for interpretation;

(6) When it appears that the judgment has already been satisfied;

(7) When it appears the writ has been improvidently issued;

(8) When it appears that the writ is defective in substance;

(9) When the writ is issued against the wrong party;

(10) When the writ was issued without authority.

If motion to quash is denied, appeal from said denial

An order granting the issuance of the writ is not appealable, except where:

(1) The order varies the terms of the judgment, or

(2) Where, being vague, the court renders what is believed to be a wrong interpretation

C.3.

RETURN

OF

WRIT

OF

EXECUTION [SEC. 14, RULE 39]

Effectivity

The writ shall continue to be in effect during the period within which judgment may be enforced by motion (5 years from entry of judgment).

Judgment Satisfied within 30 days Writ of execution is returnable to the court issuing it immediately after the judgment has been satisfied in part or in full.

Judgment Not Satisfied within 30 days

Officer shall report to the court stating the reason for non-satisfaction, and shall continue to make a report every 30 days until judgment is satisfied in full or the writ expires. Form of Returns and Reports

The returns or periodic reports made by the sheriff:

(1) shall set forth the whole of the proceedings taken;

(2) shall be filed with the court; and

(3) shall have copies thereof furnished to the parties.

C.4. ENTRY OF SATISFACTION OF

JUDGMENT [SEC. 45, RULE 39]

Satisfaction of Judgment is entered by the clerk of court in the court docket and in the execution book upon:

(1) Return of the writ of execution showing full satisfaction of the judgment;

(2) Filing of an admission to the satisfaction, executed and acknowledged in the same manner as a conveyance of real property by the judgment creditor or his lawyer; or (3) Upon indorsement of such admission by

the judgment creditor or his attorney on the face of the record of the judgment.

C.5. EXECUTION OF JUDGMENTS

FOR MONEY

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

(1) Immediate payment on demand

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

IMMEDIATE PAYMENT ON DEMAND

Procedure

(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. 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

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.

What may be levied?

All property of the judgment obligor not exempt from execution.

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

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.

The Rules of Court themselves do not require that the garnishee be served with summons or impleaded in the case in order to make him liable. All that is necessary for the trial court lawfully to bind the person of the garnishee or any person who has in his possession credits belonging to the judgment debtor is service upon him of the writ of garnishment. [Perla v. Ramolete, G.R. No. L-60887 (1991)] Garnishment is not a violation of RA 1405 on the secrecy of bank deposits. [Chinabank v.

Ortega, G.R. No. L-34964 (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, G.R. No. 190144 (2012)]

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, G.R. No. 171182 (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

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