E.

Remedies after a judgment has become final and executory

1. Remedies after a judgment has become final and executory
1.1. Definition
Execution means the primary legal remedy for enforcing a final judgment, applicable only
after a judgment is entered and deemed "final and executory." In addition, the decision is
beyond appeal or further review, obligating the judgment debtor to comply with its terms.
General Rule the authority to enforce a judgment through execution lies solely with the trial
court. However, an exception exists in certain discretionary cases, where an appellate court
may issue an execution order if appropriate under specific circumstances, such as when a
case has remained with specific instructions according to the Rules of Court. This discretion
ensures that the judgment's terms are properly implemented.
Once a judgment is deemed final, the judgment creditor can petition the court for a writ of
execution, which is a court directive ordering the enforcement of the judgment. The purpose of
this writ is to compel compliance by the judgment debtor, with the actual enforcement typically
carried out by a sheriff or court officer. Execution can proceed through different avenues as
outlined in Rule 39, Section 6 of the Rules of Court.
Two main periods govern when execution can occur:
1. Within five years of the judgment's finality: The prevailing party must file a motion for
execution within this period, starting from the date the judgment was officially entered or
became final and executory. This is the most direct path for execution, commonly invoked
by creditors soon after finality (Republic Act No. 386).
2. After five years but before the statute of limitations (usually 10 years): If the judgment
remains unsatisfied after five years, the creditor may still enforce it by filing an independent
action, provided it falls within the 10-year limitation period set by law. This extended period
accommodates circumstances where immediate enforcement was impractical or
impossible within the initial five years.

1.1.1. Properties exempt from execution

Section 13. Property Exempt from Execution
Philippine law exempts certain types of property from being seized or sold to satisfy a
judgment debt. These exemptions protect essential assets that ensure the debtor and their
family can maintain a basic standard of living, as well as preserve tools and resources
necessary for the debtor’s livelihood. According to the Rules of Court and the Civil Code of
the Philippines, the following categories are safeguarded from execution, unless otherwise
specified by law:
a. Family Home and Homestead: The primary residence of the judgment debtor (judgment
obligor) and the land connected to it are protected from execution. This exemption
underscores the importance of preserving a debtor's home, shielding their family from
potential homelessness, as long as it is used as a family dwelling and is within the
bounds of the law (Official Gazette, n.d.-a).
b. Tools of Trade or Employment: Essential tools and implements used by the debtor in their
profession or trade are also exempt. This includes instruments or equipment necessary
for earning a living, emphasizing the law's intent to allow debtors to continue working and
supporting their families despite financial liabilities (Philippine Bar Examination Cafe,
2012).
c. Livestock for Agricultural Work: Debtors who are involved in farming or similar
occupations are allowed to keep up to three horses, cows, or carabaos, or similar animals
required for their trade. This provision ensures that those in agricultural work can maintain
their livelihood by retaining their working animals, which are often vital for their income
generation (Studocu, n.d.-a).
d. Basic Personal Clothing: Necessary clothing and personal items for daily use are also
safeguarded. This category explicitly excludes luxury items like jewelry, reflecting the
focus on preserving only those items essential to daily living and modesty (Civil Code of
the Philippines, n.d.).
e. Household Furniture and Kitchenware: Household furniture and utensils essential for
maintaining a home and necessary for daily living are protected, up to a value of one
hundred thousand pesos. This exemption allows the judgment obligor and their family to
retain the means to live and function within their home, even if other assets are seized
(Rules of Court, n.d.-a).
f. Provisions for Family Use: The law allows debtors to keep provisions adequate for
individual or family sustenance for up to four months. This provision underscores the
recognition of basic needs and the importance of ensuring a debtor’s household does not
face immediate deprivation (Eightify, 2023).
g. Professional Libraries and Equipment: For professionals, such as lawyers, doctors,
engineers, and teachers, the law exempts personal libraries and professional equipment
necessary for their practice, with a maximum value of three hundred thousand pesos.
This exemption reflects the recognition that these resources are essential for the debtor
to continue practicing their profession (Rules of Court, n.d.-a; Philippine Bar Examination
Cafe, 2012).
h. Fishing Boat and Accessories: For fishermen, one boat and its accessories, valued at up
to one hundred thousand pesos, are exempt. This allows individuals who rely on fishing
for their livelihood to retain the necessary tools to continue their trade and earn an
income, thus supporting their financial recovery (Rules of Court, n.d.-a).
i. Necessary Wages and Earnings: A portion of the debtor’s wages or earnings from
personal services, covering the four months preceding the levy, are protected if they are
essential for family support. This protection ensures that the debtor’s immediate income
for family necessities is not disrupted (FindLaw, 2018).
j. Gravestones: Lettered gravestones are also exempt, acknowledging the importance of
respecting the memory and honor of deceased family members and preventing their
desecration due to the debtor's financial situation (Civil Code of the Philippines, n.d.).
k. Insurance Benefits and Annuities: Any funds or benefits resulting from life insurance
policies, privileges, or annuities are protected. This exemption allows the debtor or their
family to retain financial security provided through insurance arrangements (Claridades,
2013).
l. Support, Pensions, and Gratuities: The debtor’s legal rights to receive support, pensions,
or government-provided gratuities are also exempt. This protection ensures that public
 and legally mandated assistance remains accessible to the debtor and is not diverted to
satisfy private debts (Rules of Court, n.d).

1.1.2. Execution in case of death of a party

When one of the parties involved in a judgment passes away, Philippine law provides specific
procedures to ensure the judgment can still be executed, safeguarding the rights of the
prevailing party. The steps depend on whether the deceased is the judgment obligee (the
party owed) or the judgment obligor (the party required to satisfy the judgment).
According to the Rules of Court, these provisions ensure that even in the event of death,
legal obligations are fulfilled and claims can be pursued against the deceased’s estate as
needed:
(a) Death of the Judgment Obligee
If the judgment obligee (typically the creditor or plaintiff) dies, their executor,
administrator, or successor in interest may apply to enforce the judgment. This ensures
that the rights of the obligee are preserved and that the judgment can be collected or
enforced by the obligee’s legal representative or heirs. The law thus allows continuity in
enforcing the judgment, even when the original party entitled to receive the benefit is no
longer alive (Official Gazette, n.d.-a; Philippine Bar Examination Cafe, 2012)
(b) Death of the Judgment Obligor
In cases where the judgment obligor (usually the defendant or debtor) dies, the judgment
may still be enforced against the obligor's executor, administrator, or successor in interest
if the judgment pertains to the recovery of real or personal property, or if it enforces a lien
on such property. This rule recognizes that property-related judgments retain their validity
beyond the obligor’s death, given that these assets can transfer to the estate and
subsequently satisfy the judgment. The representative of the deceased debtor is then
responsible for addressing these obligations on behalf of the estate (Rules of Court, n.d.-
a).
(c) Death of the Judgment Obligor After Levy
If the judgment obligor dies after a levy on their property has already been made to satisfy
a judgment, the seized property may still be sold to fulfill the debt. Any surplus from this
sale, after satisfying the judgment debt, must be handed over to the executor or
administrator of the deceased’s estate. This provision allows for the orderly distribution of
assets and ensures that any remaining value is transferred to the estate for the benefit of
the heirs (Civil Code of the Philippines, n.d.; Wolters Kluwer, n.d.).
1. Death of Obligee (Creditor)
If the creditor dies after winning a case, their executor, administrator, or successor in
interest is entitled to enforce the judgment. This individual or legal representative will act
on behalf of the deceased obligee to collect or take steps to enforce the judgment,
ensuring the creditor’s estate receives the awarded benefits (Philippine Bar Examination
Cafe, 2012).
2. Death of Obligors (Defendant)
 If the debtor dies following a final judgment for the recovery of property (real or
personal), the judgment can be enforced against the executor or administrator of the
deceased’s estate. This process is maintained under the principle that certain types of
legal actions "survive" the defendant's death, meaning they remain enforceable against
the estate (Rules of Court, n.d.-a).
3. Death of Obligors in Money Claims
For monetary claims, a distinct rule applies under Rule 3, Section 20. If the debtor
dies before a final judgment is rendered, the court will allow the case to proceed,
substituting the deceased with their legal representative. If the judgment ultimately favors
the creditor, it will be enforced against the deceased’s estate, following specific
procedures laid out in Rule 86 for claims against estates. For example, if A sues B to
recover an unpaid loan and B dies before the case concludes, a representative of B will
replace them, allowing the case to proceed to final judgment (Official Gazette, n.d.-a).
When a judgment is already final and executory at the time of the debtor’s death but has
not yet been levied, the enforcement follows the procedures outlined in Special
Proceedings under the Rules of Court. This ensures the judgment can be satisfied
through estate proceedings, following rules that govern claims against the estate of a
deceased person. If there is already a levy, however, the execution sale proceeds as
scheduled to satisfy the debt. No substitution is necessary in this scenario, as the law
permits the sale to fulfill the obligation (Studocu, n.d.-a).

1.1.3. Execution of Judgment Other Than Money

Section 10. Execution of judgments for specific act.
(a) Conveyance, Delivery of Deeds, or Other Specific Acts; Vesting Title
If a judgment requires a party to perform an act, such as transferring ownership of
property, delivering deeds, or executing a document, and the party fails to comply, the court
has the authority to appoint another individual to fulfill the requirement at the expense of the
disobedient party. This action will have the same legal effect as if it were performed by the
party themselves. For instance, if the judgment directs the transfer of title for a property
located within the Philippines, the court may issue an order divesting the original party of their
title and transferring it to another, effectively completing the transaction as though it had been
executed by the party in default (Rules of Court, n.d.-a; Philippine Bar Examination Cafe,
2012). This provision is often applied in cases like property disputes or specific performance
claims, where a party is legally obligated to transfer or reconvey property. For example, in a
scenario involving a pacto de retro sale (a repurchase agreement), if the seller fails to
execute the deed of sale, the court can step in to ensure compliance (Claridades, 2013).
(b) Sale of Real or Personal Property
When a judgment mandates the sale of real or personal property, the court ensures the
property is described and sold, with proceeds applied as directed by the judgment. This
approach is typically used in cases where joint ownership exists, and the court orders the
sale of a property to resolve issues of co-ownership. For instance, in an estate with multiple
 co-owners, the court may order the sale of the property and subsequently distribute the
proceeds among them (Studocu, n.d.-a).
(c) Delivery or Restitution of Real Property
In situations where a judgment requires the delivery or restitution of real property, such as
in ejectment cases or unlawful detainer actions, the sheriff is tasked with giving the defendant
a three-day notice to vacate the premises. If the defendant refuses, the sheriff, with the
assistance of peace officers if necessary, may forcibly remove the defendant to restore
possession to the judgment obligee. This ensures that the prevailing party's rights to
possession are enforced without delay (Eightify, 2023; Philippine Bar Examination Cafe,
2012). Additionally, if the judgment includes damages or unpaid rentals, the sheriff may levy
the defendant's property to recover these amounts under Section 9. For instance, if a tenant
defaults on rent payments and refuses to vacate the property, the judgment creditor can not
only reclaim possession but also seek monetary recovery through the levy of the tenant's
assets (Rules of Court, n.d.-a).

(d) Removal of Improvements on Property Subject to Execution

If the property under execution has unauthorized improvements made by the judgment
obligor, such as structures or plantings, the court must issue a special order for their removal.
This step requires a formal petition from the judgment obligee, allowing the defendant a
reasonable time to remove such improvements voluntarily. In cases where the defendant fails
to act, the court may authorize the removal. This provision protects the rights of the property
owner without violating the rights of occupants who have made improvements on the
property, balancing ownership rights with respect for property alterations (Official Gazette,
n.d.-a). For instance, in squatter evictions, the court can order the removal of structures, but
only with a specific demolition order, which ensures that enforcement respects both the law
and the defendant's right to due process (Philippine Bar Examination Cafe, 2012).
(e) Delivery of Personal Property
In judgments requiring the delivery of personal property, the officer is authorized to seize
and deliver the specified items to the judgment obligee. This type of execution is typical in
replevin actions, where a party seeks to reclaim personal property wrongfully held by
another. For example, a car dealer may file a replevin action to repossess a vehicle when the
buyer defaults on payments. The officer executing the judgment is required to take
possession of the car and return it to the dealer (Claridades, 2013; Rules of Court, n.d.-a).

1.2 Petition for relief from judgment (RULE 38)

A petition for relief from judgment is a special, equitable remedy that is granted under limited
and exceptional circumstances. This type of petition is only available when there are no other
suitable remedies, such as an appeal or a motion for a new trial. It provides a last resort for
parties who face judgments due to unavoidable circumstances. This petition cannot be filed if
the party had a viable remedy available, like appealing the judgment or seeking a new trial, and
was not hindered from pursuing these options by factors such as fraud, accident, mistake, or
excusable negligence