Chapter X

EXECUTION AND SATISFACTION OF JUDGMENTS

Meaning of execution
- Execution is the remedy afforded/ for the satisfaction of a judgment.
- It is the fruit and end of the suit/ and is the life of the law.
Part of the judgment to be executed
- dispositive portion (also called fallo)
- If there is a conflict/ between the dispositive portion of the decision/ and the body
thereof,/ the dispositive portion controls/ irrespective of what appears in the body.
When execution shall issue
- Execution is a matter of right/ upon the expiration of the period to appeal/ and no
appeal was perfected from a judgment/ or order/ that disposes of the action or
proceeding.
- Once a decision becomes final and executory, it is the ministerial duty of the
presiding judge/ to issue a writ of execution/ except in certain cases,/ as when
subsequent events/ would render execution of judgment unjust.
- x x x compellable by mandamus
- Judgments and orders/ become final and executory/ by operation of law/ and not
by judicial declaration.
How execution shall issue
- x x x on motion
- A judge may not order execution of the judgment/ in the decision itself.
- x x x and a hearing called for the purpose
- SC Circular No. 29-94: A motion for the issuance of a writ of execution/ must
contain a notice to the adverse party.
o A motion which does not contain a notice of hearing of time and place for
the hearing of the motion/ as required by Secs. 4 and 5/ of Rule 15 of the
Rules of Court,/ is a worthless piece of paper/ which the clerk has no right
to receive/ and which the court has no authority to act upon.
Where application for execution made
- Execution shall be applied in the court of origin.
o x x x when the judgment obligee files a motion for execution in the court of
origin,/ all he has to do is to attach the certified true copies of (a) the
judgment of the appellate court, and (b) the entry of the said judgment/
with notice to adverse party/ even if the records/ have not as yet been
remanded to court of origin.
The judgment obligee/ may file a motion with the appellate court/ to
direct the court of origin,/ in the interest of justice,/ to issue the writ
of execution.
No appeal/ from an order of execution
- A party desiring to assail an order of execution/ may instead file an appropriate
special civil action/ under Rule 65 of the Rules of Court.
Forms and contents of writ of execution
(1) the name of the court/ which granted the motion;
(2) the case number and title;
(3) the dispositive portion of the judgment/ or order/ subject of the execution; and

(4) shall require the sheriff/ or other proper officer/ to whom it is directed/ to enforce
the writ/ according to its terms.
Writ of execution/ should conform to the dispositive portion of the judgment
- x x x and the execution is void/ if it is in excess of/ and beyond the original
judgment or award
- The writ may not vary the terms of the judgment to be executed.
Lifetime of the writ of execution (Bar 1995)
- x x x the writ is enforceable/ within the five-year period/ from entry of judgment/
as provided for in Sec. 6 of Rule 39/ because within that period,/ the writ may be
enforced by motion.
When execution will be denied
(1) When the judgment has already been executed/ by the voluntary compliance
thereof by the parties;
(2) When the judgment has been novated by the parties;
(3) When a petition for relief is filed/ and a preliminary injunction is granted/ in
accordance with Sec. 5 of Rule 38. Also, when execution of the judgment/is
enjoined by a higher court;
(4) When the judgment sought to be executed/ is conditional/ or when the judgment
sought to be executed is 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 the
judgment having been revived;
(7) When execution is sought against property/ exempt from execution/ under Sec.
13 of Rule 39; or
(8) When refusal to execute the judgment/ has become imperative/ in the higher
interest of justice.
Quashal of a writ of execution (Bar 2009)
(1) When the writ of execution varies the judgment;
(2) When there has been a change in the situation of the parties/ making execution/
inequitable or unjust;
(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 thereof;
(6) When it appears that the writ of execution/ has been improvidently issued; and
(7) When it appears that the writ of execution/ is defective in substance,/ or is issued
against the wrong party,/or that the judgment debt has been paid/ or otherwise
satisfied,/ or the writ was issued without authority.
Duty of sheriff
- purely ministerial
Modes of execution of a judgment (Bar 1982; 1987; 1997)
(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/ if the five-year period has elapsed/ and before
it is barred by the statute of limitations.
- Such action must be filed within ten (10) days/ from the date the
judgment became final/ which is now the date of its entry.
- If the writ of execution was issued/ and the levy made is within five years/ from
the entry of the judgment,/ the auction sale may be made/ even after the five-year
period.
o The levy is the essential act/ by which the property is set apart/ for the
satisfaction of the judgment.
The sale must,/ however,/ be made within ten years/ during which
the judgment can be enforced.
Revival of judgment (Bar 1997)
- Revival of judgment is premised on the assumption/ that the decision to be
revived is already final and executory.
- A revived judgment is deemed a new judgment/ separate and distinct from the
original judgment.
o Hence, the ten (10) year period to revive the revived judgment/ shall
commence to run from the date of the finality of the revived judgment x x
x.
- see PNB v. Bondoc, 14 SCRA 770, 770-772): x x x a proceeding by separate
ordinary action/ to revive a judgment/ is a new action/ rather than a continuation of the
old,/ and results in a new judgment/ constituting a new cause of action,/ upon which a
new period of limitations begin to run.
- Revival of judgment is premised on the assumption/ that the decision to be
revived,/ either by motion or by independent action,/ is already final and executory.
o an original action
- The consideration of any issue/ affecting matters/ that could have been raised in
the previous case/ must be deemed as definitely foreclose.
- x x x since the court has jurisdiction iver an action for forcible entry,/ it also has
the power to reviveits own judgment/ as a necessary step/ for its execution.
o scire faciasmere incident of the original suit/ and must be instituted in
the court/ where said suit was brought.
Venue of action to revive a judgment
- x x x whether the present action for revival of judgment is a real action or a
personal action
When the five-year period is interrupted (Bar 1993)
- x x x the delay is cause or occasioned by actions of the judgment debtor/ and/or
is incurred for his benefit/ or advantage.
- x x x in computing the time limit/ for enforcing a final judgment,/ the general rule
is that/ the time when execution is stayed,/ either by agreement of the parties/ for a
definite time,/ by injunction,/ or by the taking of an appeal/ or writ of error/ shall not be
included.
- The period may also be interrupted/ by the agreement of the parties/ to suspend
the enforcement of the judgment.
When the five and ten-year periods do not apply
(1) Special proceedings;

(2) Judgments for support/ which do not become dormant/ and which can always be
executed by motion/ despite lapse of the five-year period/ because the obligation
is a continuing one/ and the court never loses jurisdiction to enforce the same.
Stay of execution of a judgment; exceptions
(1) Those judgments/ which by express provision of the rules/ are immediately
executory/ and are not stayed by an appeal;
(2) Those judgments/ that have become the object of discretionary execution.
Judgments not stayed by appeal (IRAS)
(1) Judgment for injunction
(2) Judgment for receivership;
(3) Judgment for accounting; and
(4) Judgment for support.
-

Under Rule 70, a judgment rendered against the defendant/ in an action

for forcible entry/ and unlawful detainer/ is likewise immediately
executory upon motion.
o Even if the above judgment is immediately executory,/ there must be a
motion to that effect/ and a hearing called for that purpose. In an
ejectment case, the adverse party/ is entitled to notice/ before execution.
Discretionary execution (Bar 1991; 1995)
- x x x provided good reasons therefor exist/ and the compelling grounds for the
issuance of the writ/ must be stated in a special order/ after due hearing
- final judgment or order
Requisites for discretionary execution (Sec. 2, Rule 39) (MH-FG-S)
(1) There must be a motion filed by the prevailing party/ with notice to the adverse
party;
(2) There must be a hearing of the motion/ for discretionary execution;
(3) The motion 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;
(4) There must be good reasons to justify the discretionary execution; and
(5) The good reasons must be stated in a special order.
Discretionary execution is to be strictly construed
- applies only in extraordinary circumstances
- Where the execution/ is not in conformity with the rules,/ the execution is null and
void.
Good reasons
- The good reasons are what confer discretionary power/ upon the court/ to issue a
writ of execution pending appeal.
- Certiorari will lie against an order/ granting execution pending appeal/ where the
same is not founded upon good reasons.
- What constitutes a good reason therefore,/ is left to the sound exercise of judicial
discretion.
(1) Insolvency of the debtors x x x and that they do not appear to have any other
properties or assets/ to answer/ not only for the aforementioned obligations/ but
more particularly the obligations imposed upon them/ by the decision.
(2) The purpose of preventing irreparable injury to the consumers of an electric
cooperative x x x.

(3) The fact that the goods subject of the judgment will perish or deteriorate during
the pendency of the appeal x x x
(4) The failure in an unlawful detainer case/ to make the required periodic deposits/ x
x x or the failure to post a superseadeas bond
- see Florendo v. Paramount Insurance Corp., 610 SCRA 377, G.R. No. 1677976,
January 20, 2010: The circumstances must be superior, outweighing the injury or
damages that might result/ should the losing party secure a reversal of the judgment.
- Dire financial conditions of the plaintiffs/ supported by mere self-serving
statements as good reason for the issuance of a writ of execution pending appeal/
does not stand on solid footing.
Frivolous appeal/ as a reason for discretionary execution
- It is not within the competence of the trial court,/ in resolving the motion for
execution pending appeal,/ to rule that the appeal is patently dilatory/ and rely on the
same/ as the basis for finding good reason/ to grant the motion.
o x x x execution pending appeal cannot be justified/ because the authority
to disapprove an appeal pertains to the appellate court.
Only an appellate court can appreciate the dilatory intent of an
appeal/ as an additional good reason/ in upholding an order/ for
execution pending appeal.
- Intervention by the appellate court may be proper,/ if it is shown/ that there has
been an abuse of discretion.
Posting of bond as reason for discretionary execution (Bar 1999)
- x x x not in itself a good reason for order execution pending appeal
o x x x only an additional factor
- It is already settled that the mere filing of a bond/ does not warrant execution
pending appeal. To consider the mere filing of a bond a good reason/ would precisely
make immediate execution of a judgment pending appeal/ routinary,/ the rule rather
than the exception.
- Good reasons, special, important, pressing reasons/ must exist to justify it;
otherwise, instead of an instrument of solicitude and justice,/ it may well become a tool
of oppression and inequity.
Financial distress as reason for discretionary execution
- x x x also not in itself a good reason
Where to file an application for discretionary execution
- 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 for execution pending appeal/
may be filed in the appellate court.
Remedy where the judgment subject to discretionary execution/ is reversed or
annulled
- x x x the trial court may,/ on motion,/ issue such orders of restitution or reparation
of damages/ as equity and justice may warrant/ under the circumstances.
o Said rule should apply in the absence of disposition/ to the contrary/ in the
judgment of the appellate court.

Execution in case the judgment obligee dies

- x x x execution shall issue against his executor or administrator/ or successor in
interest,/ if the judgment be for the recovery of real or personal property,/ or the
enforcement of a lien thereon.
- If the death occurs after execution is actually levied upon any of his property,/ the
same may be sold for the satisfaction of the judgment obligation.
o If there be any surplus after the sale,/ the officer making the sale/ shall
account to the corresponding executor or administrator.
How to execute judgments for money; summary
(1) 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.
(2) If the judgment obligor/ cannot pay all/ or part of the obligation in cash,/ certified
check/ or other mode of payment,/ the officer shall levy upon/ the properties of
the judgment obligor.
a. The judgment obligor/ shall have the option to choose which property/ or
part thereof/ may be levied upon.
b. If the judgment obligor/ does not exercise the option,/ the officer shall first
levy on the personal properties,/ if any,/ and then on the real properties/ if
personal properties/ are insufficient to answer for the personal judgment/
but the sheriff shall sell only/ so much of the property/ that is sufficient to
satisfy the judgment/ and lawful fees.
c. The officer/ may levy on the debts due the judgment debtor/ including
bank deposits, financial interests, royalties, commissions/ and other
personal property (B-FiRCOp)/ not capable of manual delivery/ in the
possession or control of third parties (garnishment).
- x x x if the judgment obligor makes a prior admission/ that he cannot pay the
amount stated in the writ of execution/ and that he agrees to the levy of his properties/
so long as the auction sale/ would not be set earlier/ than a certain set by the judgment
obligor,/ such admission provides a reasonable basis/ for the sheriff/ to forego a prior
demand to pay and to levy on the properties right away.
Money judgments are enforceable only/ against property of judgment debtor
- Property belonging to third persons/ cannot be levied upon.
Garnishment of debts and credits
(1) Servicing notice upon the third person/ having in possession or control of the
credits/ in favor of the judgment obligor;
(2) The third person or garnishee/ shall make a written report to the court/ within five
(5) days from service of the notice of garnishment/ stating whether or not the
judgment obligor/ has sufficient funds/ to satisfy the judgment.
a. If sufficient, the garnishee shall deliver the amount in cash/ or certified
check/ shall be delivered directly to the judgment obligee/ within ten (10)
working days/ from service of notice on said garnishee. The lawful fees/
shall be directly paid to the court.
b. If the amount is insufficient, the garnishee shall make a report/ as to the
amount he holds/ for the judgment obligor.
Levy of encumbered property
- x x x only on those properties of the judgment debtor which are not
otherwise exempt from execution
- x x x if he holds a beneficial interest in such property

x x x the creditor must still resort to foreclosure proceedings

o A mortgaged property may still be levied upon/ by the sheriff/ to satisfy the
judgment debtors obligations.
- Even the pendency of a proceeding for replevin/ would not serve to prevent the
sheriff from levying on the property/ since the fact of default/ and the right to foreclose/
had to be settled in the proceedings.
Effect of levy and sale of property
- The right acquired by the purchaser/ at an execution sale/ is inchoate/
and does not become absolute/ until after the expiration of the
redemption period/ without the right of redemption/ having been
exercised.
Execution of a judgment for the performance of a specific act
- x x x 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
- If the judgment directs a conveyance of real or personal property,/ and said
property is in the Philippines,/ the court/ in lieu of directing the conveyance thereof,/ may
by an order/ divest the title of any party/ and vest it in others/ which shall have the force
and effect of a conveyance/ executed in due form of law.
Execution for a judgment for the delivery or restitution of real property (Bar 1995)
- Action for ejectmentIn such a case,/ the officer shall demand from the
judgment obligor/ to vacate peaceably within three (3) working days/ and restore
possession of the property/ to the judgment obligee.
o This provision authorizes the bodily removal of the defendant/ and his
belongings.
o x x x the writ of execution in ejectment cases/ cannot be enforced on the
same date/ the sheriff receives the writ.
- Immediacy of execution/ does not mean instant execution.
Contempt is not a remedy
- What the officer should do/ is to dispossess him of the property/ and if after the
dispossession,/ the judgment debtor should execute acts of ownership/ or possession/
or in any manner/ disturb the possession of the judgment creditor,/ then and only then
may he be punished for contempt.
Removal of improvements on the property/ subject of execution
- These acts may only be done/ by the officer/ upon a special order by the court/
which will be issued/ upon motion by the judgment obligee/ and after hearing/ and only
after the judgment obligor/ fails to remove them/ within a reasonable time fixed by the
court.
Property exempt from execution (Bar 1981)
(1) The judgment obligors family home/ as provided by law,/ or the homestead in
which he resides,/ and the land necessarily used in connection therewith;
(2) Ordinary tools and implements/ personally used by him/ in his trade,
employment, or livelihood;
(3) Three horses, or three cows,/ or three carabaos,/ or other beasts of burden,/
such as the judgment obligor/ may select/ necessarily used by him/ in his
ordinary occupation;
(4) His necessary clothing and articles/ for ordinary personal use,/ excluding jewelry;
(5) Household furniture and utensils/ necessary for housekeeping,/ and used for that
purpose/ by the judgment obligor and his family,/ such as the judgment obligor
may select,/ of a value not exceeding one hundred thousand pesos;

(6) Provisions for individual or family use/ sufficient for four months;
(7) The professional libraries and equipment of judges, lawyers, physicians,
pharmacists, dentists, engineers, surveyors, clergymen, teachers,/ and other
professionals,/ not exceeding three hundred thousand pesos in value;
(8) One fishing boat and accessories/ not exceeding the total value of one hundred
thousand pesos/ owned by a fisherman/ and by the lawful use of which he earns
his livelihood;
(9) So much of the salaries, wages, or earnings of the judgment obligor/ for his
personal services/ within the four months/ preceding the levy/ as are necessary
for the support of his family
(10)
Lettered gravestones;
(11)
Monies, benefits, privileges, or annuities (MB-PA)/ accruing in any
manner/ growing out of any life insurance;
(12)
The right to receive legal support,/ or money or property/ obtained as such
support,/ or any pension or gratuity from the government; and
(13)
Properties specially exempted by law.
-

x x x the enumeration is exclusive.

When the property mentioned/ is not exempt from execution

- If the property mentioned/ in Sec. 13 of Rule 39,/ is the subject of execution/
because of a judgment for the recovery of the price/ or upon a judgment of foreclosure
of a mortgage/ upon the property,/ the property is not exempt from execution.
Proceedings when property levied upon/ is claimed by third persons; terceria
(Bar 1982; 1984; 1993; 2011)
- 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.
o Such affidavit must state the grounds of such right or title.
o The affidavit shall be served upon the officer/ making a levy/ and a copy
thereof/ must also be served upon the judgment obligee (terceria)
- The officer served with the affidavit of the claiming third person/ shall not be
bound to keep the property/ subject of the claim,/ unless the judgment obligee,/ in
demand of the officer,/ files a bond approved by the court to indemnify the claimant/ in a
sum not less than the value of the property levied upon.
o No claim for damages/ for the taking or keeping of the property/ may be
enforced against the bond/ unless the action therefor/ is filed within one
hundred twenty (120) days from the date of the filing of the bond.
- see Ching v. Court of Appeals, 423 SCRA 356, 368-369: (1) Upon application of
the third person,/ the court shall order a summary hearing/ for the purpose of
determining/ whether the sheriff has acted rightly or wrongly/ in the performance of his
duties/ in the execution of the writ of attachment,/ more specifically if he has indeed
levied on attachment/ and taken hold of property/ not belonging to the plaintiff. (2) In
resolving the motion of the third party,/ the court does not/ and cannot pass upon the
question of the title to the property/ with any character of finality. (3) If the claimants
proof does not persuade the court/ of the validity of the title,/ or right of possession
thereto,/ the claim will be denied by the court. (3) terceria (4) Such party may also file
an action to nullify the levy with damages/ resulting from the unlawful levy and seizure,/
which should be a totally separate and distinct action/ from the former case.
o The above-mentioned remedies are cumulative/ and any one of them may
be resorted to/ by one third-party claimant/ without availing of the other
remedies.
- see Capa v. Court of Appeals, 502 SCRA 406, 417-418: A third-party claimant/ or
any third person/ may vindicate his claim/ to his property/ wrongfully levied/ by filing a
proper action/ which is distinct and separate/ from that/ in which the judgment is being
enforced.

- see Imani v. MBTC, 635 SCRA 357, 365, November 17, 2010): (1) terceria; and
(2) separate actionthe object of which/ is the recovery of ownership/ or possession of
the property/ seized by the sheriff,/ as well as damages/ arising from wrongful seizure
and detention of the property/ despite the third-party claim.
o Availment of the terceria is not a condition sine qua non to the institution of
a separate action.
Miscellaneous principles to be remembered in execution sales
- Notice of sale
- Valid levy
o A levy is an act/ whereby the sheriff sets apart/ or appropriates a part/ of
the whole of the properties/ of the judgment obligor/ to satisfy the
command of the writ.
- A levy upon real property is made by the officer/ by performing two specific acts:
(a) filing with the Register of Deeds/ a copy of the order, description of the attached
property/ and notice of attachment; and (b) leaving with the occupant of the property/
copy of the same order, description and notice.
- After sufficient property has been sold/ to satisfy the execution,/ no more shall be
sold.
- Any excess property/ or proceeds of the sale/ shall be delivered to the judgment
obligor.
- If the purchaser at the auction/ refuses to pay the amount bid by him,/ the officer
may again sell the property/ to the highest bidder/ and the court may require such
purchaser/ to pay unto the court/ the amount of whatever loss,/ with costs occasioned
by his refusal to pay/ and if he disobeys the order,/ may punish him for contempt.
o Any subsequent bid/ by such purchaser/ may be refused by the officer/
conducting the bidding.
- The judgment obligee may bid/ and if said party is the purchaser/ and there is no
third party claim,/ he need not pay the amount bid/ if it does not exceed the amount of
his judgment. If it does, he shall only pay the excess.
- If the purchaser of personal property/ capable of manual delivery/ pays the
purchase price,/ the officer making the sale/ must deliver the property/ to the purchaser
and,/ if desired,/ shall execute a certificate of sale.
o The sale conveys to the purchaser/ all the rights which the judgment
obligor had/ in such property/ as of the date of the levy on execution/ or
preliminary attachment.
- When the purchaser of any personal property/ not capable of manual delivery
pays the price,/ the officer making the sale/ must execute and deliver/ to the purchaser
a certificate of sale.
o Such certificate conveys to the purchaser/ all the rights/ which the
judgment obligor/ had in such property/ as of the date of the levy on
execution/ or preliminary attachment.
Sale and redemption of real property (Bar 2009)
- Upon a sale of real property,/ the officer must give to the purchaser/ a certificate
of sale.
o Such certificate must be registered in the registry of deeds/ of the place/
where the property is situated.
- The real property sold/ may be redeemed/ from the purchaser,/ at any time within
one (1) year/ from the date of the registration of the certificate of sale.
o If there are other creditors/ having a lien on the property,/ the property to
be redeemed/ may again be redeemed/ within sixty (60) days/ from the
last redemption.
o The property may again,/ and as often as a redemptioner is so disposed,/
be redeemed/ from any previous redemptioner/ within sixty (60) days/ after
the last redemption.

- The property may be redeemed/ by the judgment obligor,/ or his successor in

interest/ or by a creditor/ having a lien/ by virtue of an attachment,/ judgment/ or
mortgage/ on the property sold,/ subsequent to the lien/ under which the property was
sold.
Effect if no redemption is made
- If no redemption is made/ within one (1) year/ from the date of the registration of
the certificate of sale,/ the purchaser is entitled to a conveyance and possession of the
property;/ or if so redeemed/ whenever sixty (60) days have elapsed/ and no other
redemption has been made,/ and notice thereof given,/ the last redemptioner is entitled
to the conveyance and possession of the property.
- Upon the expiration of the right of redemption,/ the purchaser or redemptioner/
shall substitute to and acquire all the rights, title, interest and claim of the judgment
obligor to the property/ as of the time of the levy.
Rents, income and earnings of the property/ pending the redemption
- x x x shall belong to the judgment obligor/ until the expiration of his period of
redemption.
Remedy when the judgment is unsatisfied (Bar 1983; 2002; 2008)
- x x x the judgment obligee is entitled to an order from the court/ which rendered
the judgment/ requiring the judgment obligor/ to appear and be examined/ concerning
his property and income/ before the court/ or a commissioner appointed by the court.
o x x x the judgment obligor cannot be required to appear before a court/ or
commissioner/ outside the province or city/ which such obligor resides/ or
is found.
- A person, corporation,/ or other juridical entity,/ indebted to the judgment debtor/
may be required to appear/ before the court/ or a commissioner appointed by it,/ at a
time and place/ within the province or city/ where such debtor resides/ or is found,/ and
be examined concerning the same.
Effect of final judgments
(1) If the judgment or final order is on a specific thing,/ the same is conclusive upon
the title to the thing.
(2) If the judgment/ or final order/ is in respect to the probate of a will, or the
administration of the estate/ of a deceased person,/ the same is conclusive/ upon the
will or administration/ but the probate of the will/ or the granting of letters of
administration/ shall only be prima facie evidence of the death of the testator or
intestate/ and not a conclusive presumption of death.
(3) If the judgment or final order/ is in respect to the personal, political,/ or legal
condition or status of a particular person/ or his relationship to another,/ the judgment or
final order/ is conclusive upon the condition, status or relationship of the person.
(4) In other cases,/ if the judgment be with respect to the matter directly adjudged/ or
as to any other matter/ that could have been raised in relation thereto,/ the judgment or
final order/ is conclusive between the parties/ and 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 the same capacity.
- bar by prior judgmentthe judgment or decree of a court/ of competent
jurisdiction/ concludes the litigation/ between the parties/ and their successors/ or
privies/ and bars a new action or suit/ involving the same cause of action.
(5) In another litigation/ between the same parties/ or their successors in interest,/
that only is deemed to be adjudged in a former judgment/ or final order/ which appears
upon its face/ to have been adjudged,/ or which was actually and necessarily included
therein/ or necessary thereto.

- conclusiveness of judgmentany right, fact, or matter in issue/ which has been

directly adjudicated upon/ or is necessarily involved/ in the determination of the action/
by a competent court/ is conclusively settled/ by the judgment or final order/ and cannot
be litigated upon again by the parties/ and their privies/ whether or not the claims or
demands,/ purposes or subject matters of the two suits/ are the same.