Rule 39 EXECUTION AND SATISFACTION OF JUDGMENTS

Execution – Meaning

Execution is the remedy afforded for the satisfaction of a judgment (Cagayan de Oro Coliseum v.
CA 320 SCRA 731, 753). It is the fruit and end of the suit, and is the life of the law (Ayu v Viologo-Isnani
308 SCRA 543, 551).

Kinds

1. Matter of Right (Sec.1)

a. It is settled that upon the finality of the judgment, the prevailing party is entitled, as a
matter of right, to a writ of execution to enforce the judgment, the issuance of which is a
ministerial duty of the court (Calilung v Paramount Insurance Corporation GR 195641).
b. Execution shall issue as a matter of right on motion. This is plain from the tenor of Sec.1
of Rule 39. There is, therefore, a need o file a motion before the issuance of a writ of
execution.
2. Discretionary (Sec.2)
The concept of discretionary execution constitutes an exception to the general rule that a
judgment cannot be executed before the lapse of the period for appeal or during the pendency
of an appeal.
a. Requisites:
i. There must be a motion filed by the prevailing party with notice to the adverse
party;
ii. A hearing of the motion for discretionary execution;
iii. Must be filed in the trial court while it has jurisdiction over the case and is in
possession of either the original record or the record on appeal;
iv. Good reasons to justify the discretionary execution; and
v. The good reasons must be stated in a special order.

Form and Content

The writ of execution is issued in the name of the Republic of the Philippines and shall state:

a. The name of the court which granted the motion;

b. The case number and title;
c. The dispositive portion of the judgment or order subject of the execution; and
d. Shall require the sheriff or other proper officer to whom it is directed to enforce the writ
according to its terms.

Where applied

Execution shall be applied for in the court of origin. If an appeal has been duly perfected and
finally resolved, the execution may be applied for also in the court of origin on motion of the judgment
obligee.

When execution shall issue

 It is settled that upon the finality of the judgment, the prevailing party is entitled, as a matter of
right, to a writ of execution to enforce the judgment, the issuance of which is a ministerial duty of the
court (Calilung v Paramount Insurance Corporation GR 195641).

Modes of execution

1. Execution by motion – if the enforcement of the judgment is sought within five (5) years from
the date of its entry; and
2. Execution by Independent Action – Revival of judgment.

Immutability of Final Judgments

As a rule, a judgment that has become final and executory is immutable and unalterable and
may no longer be modified in any respect (Philippine Trust Company v Roxas GR171897)

How issued

Execution shall issue as a matter of right on motion.

A judge may not order execution of the judgment in the decision itself (Lou v Siapno).

SC Circular No.24-94 – A motion for the issuance of a writ of execution must contain a notice to the
adverse party (Pallada v RTC of Kalibo, Aklan 304 SCRA 440, 446).

Manner of execution

1. Execution in case the judgment obligee dies

The death of the judgment oblige will not prevent the execution of the judgment. In case the
judgment obligee dies, execution may issue upon the application of his executor, administrator or
successor in interest. (Sec 7[a] Rule 39)

2. Execution in case the judgment obligor dies

The death of a judgment obligor will not, likewise, prevent execution of the judgment. In case
the judgment obligor dies, execution shall still go on because under the Rules, execution shall issue
against his executor or administrator or successor in interest, if the judgment for the recovery of real or
personal property or the enforcement of a lien thereon (Sec 7[b] Rule 39)

3. When judgment is for money

The sheriff shall demand from the judgment obligor the immediate payment of the full amount
stated in the judgment including the lawful fees in cash, certified check payable to the judgment obligee
or any other form of payment acceptable to him.

4. For performance of a specific act

Said act must be performed but if the party fails to comply within the specified time, the court
may direct the act to be done by someone at the cost of the disobedient party and the act when so done
shall have the effect as if done by the party.

Third Party Claim

 Under the Rules, a person, not a party to the action, claiming a property levied upon may
execute an affidavit of his title or right of possession over the property. Such affidavit must state the
grounds of such right or title.

Rule 47 – Annulment of judgment, final orders or resolutions

Nature

It is a remedy granted only under exceptional circumstances provided the petitioner has failed to
avail himself of the ordinary or other appropriate remedies provided by law without fault on his part. It
is never resorted to as a substitute for the petitioner’s own neglect in not promptly availing himself of
the ordinary or other appropriate remedies. (Aquino v Tangkengko)

 Annulment of judgment is not a continuation of the same case. In fact, the case it seeks to annul
is already final and executory. It is equitable in character and allowed only in exceptional cases. It
is not a mode of appeal but an original action.

Grounds

1. Extrinsic fraud; and

a. Extrinsic fraud refers to any fraudulent act of the prevailing party in a litigation
committed outside the trial of the case where the defeated party is prevented from fully
exhibiting his side by fraud or deception practiced on him by his opponents like
i. Keeping him away from court
ii. Giving him false promise of a compromise
iii. Where an attorney fraudulently or without authority connives his defeat.
b. In effect, extrinsic fraud results into the absence of a real contest in the trial or hearing
and the overriding consideration is that the fraudulent scheme of the prevailing litigant
prevented a party from having his day in court (Yu v Yu)
2. Lack of jurisdiction (Sec.2 Rule 47)
a. The petitioner must show not a mere grave abuse of discretion but an absolute lack of
jurisdiction.
3. Denial of due process as an additional ground (Diona v Balangue, 688 SCRA 22).

Effects

1. A judgment of annulment based on lack of jurisdiction shall have the effect of setting aside the
questioned judgment or final order and rendering the same null and void, but without prejudice
to the refiling of the original action in the proper court (Sec. 7).
2. Extrinsic Fraud – the court, upon motion, may order the trial court to try the case as if a motion
for new trial was granted (Sec.7)
Preliminary Injunction

Definition: An order granted at any stage of an action, prior to the judgment or final order, requiring a
party, court, agency or person to perform or refrain from performing a particular act or acts. (Sec.1, Rule
58)

Grounds:

1. That the applicant is entitled to the relief demanded, and the whole or part of such relief
consists in restraining the commission or continuance of the act or acts complained of, or in
requiring the performance of an act or acts, either for a limited period or perpetually.
2. That the commission, continuance or non-performance of the act or acts complained of during
the litigation would probably work injustice to the applicant; or
3. That a party, court, agency or a person is doing, threatening, or is attempting to do, or is
procuring or suffering to be done, some act or acts probably in violation of the rights of the
applicant respecting the subject of the action or proceeding, and tending to render the
judgment ineffectual.

Requisites:

1. Clear and unmistakable right (clear legal right founded in or granted by law)

2. The right is threatened by an act sought to be enjoined

3. The invasion of the right is material and substantial

4. There is an urgent and paramount necessity for the writ to prevent serious and irreparable damage.

Prohibition on Injunction

1. RA 8975 – An act to ensure the expeditious implementation and completion of government

infrastructure projects
2. No court except SC can issue PI against lawful actions of gov agencies that enforce
environmental laws.
3. No PI or TRO in any case involving or growing out of labor disputes. NLRC may grant injunctive
relief under the Labor Code.
4. PD 1818 – prohibits the issuance of TRO/PI against execution or implementation of government
infrastructure projects.
5. TRO or PI may not be issued by any court against the Presidential Agrarian Reform Council
(PARC) [RA 6657]
6. A court may not interfere by injunction with the orders of another court of co-equal rank or
decrees of a court with concurrent or coordinate jurisdiction
7. The RTC may not issue against quasi-judicial bodies of equal rank such as the Social Security
Commission and SEC.
8. In Criminal Prosecution:
a. To afford adequate protection to the constitutional rights of the accused;
 b. When necessary for the orderly administration of justice or to avoid oppression or
multiplicity of actions;
c. When double jeopardy is clearly apparent;
d. Where the charges are manifestly false and motivated by the lust for vengeance; or
e. Where there is clearly no prima facie case against the accused and a motion to quash on
that ground has been denied.

Grounds for denial or dissolution:

1. Application is insufficient, i.e., no bond, not verified, no grounds;

2. Affidavits of the party or person enjoined; or
3. The adverse party will suffer greater damage and cannot be compensated while the applicant
can be compensated fully for the damage.

Receivership

Receivership is aimed at the preservation of, and at making more secure, existing rights. It cannot be
used as an instrument for the destruction of those rights.

Requirements:

1. Actual interest in the property or funds;

2. That:
a. Such property is in danger of being lost, removed or materially injured; or
b. Whenever it appears to be the most convenient and feasible means of preserving or
administering the property in litigation.

Receiver – A person appointed by the court in behalf of all the parties to the action for the purpose of
preserving and conserving the property in litigation and prevent its possible destruction or dissipation, if
it were left in the possession of any of the parties.

- A receiver is not an agent or representative of any party to the action. He is an officer of the
court exercising his functions in the interest of neither plaintiff nor defendant, but for the
common benefit of all the parties in interest.

Requisites:

1. Verified application
2. The applicant must have an interest in the property or funds subject of the action
3. The application must be with notice and set for hearing. A hearing is necessary because the
grounds for a receivership require the resolution of factual issues;
4. The court shall require the applicant to post a bond(fixed by the court) executed to the party
against whom the application is presented. The court may later require additional bond as
security for the payment of damages.
5. Receiver must be sworn to perform his duties faithfully and shall also file a bond. The bond is to
the effect that he will faithfully discharge his duties in the action or proceeding and obey the
orders of the court.
Opposition:

1. Counter-bond
2. To show that the appointment was obtained without sufficient cause.

Suits against a receiver

 No action may be filed against a receiver without leave of the court which appointed him (Sec.6)