 Last meeting, we discussed about rule 39- Execution, Satisfaction and Effect of Judgment

 Execution is defined as the remedy afforded for the satisfaction of a judgment. It is the fruit and end of a suit.
 There are two kind of execution, compulsory and discretionary execution. When we say compulsory, it issues as
a matter of right because the judgment sought to be executed is already final or that disposes of the action or
proceeding upon the expiration of the period to appeal and if no appeal taken or perfected. On the other hand,
discretionary execution is when the judgment is not yet final and you wish that judgment be executed, but this
will require a good reason for the court to allow you discretionary execution. Example insolvency of debtor or
deterioration of the good.
 However, in cases covered by summary procedure, execution will follow regardless of a further appeal
undertaken before the CA. Rules in summary procedure say that the judgment of the RTC is immediately
executory. This is an exception to the general rule that under rule 42, if appeal is to be taken to the CA it will
stay the execution of judgment, but in cases covered by summary procedure like unlawful detainer you need to
get injunction to stay the execution because the judgment of the RTC is immediately executory. This is a
discretionary execution since the judgment of the RTC is not yet final.
 Where to ask, Compulsory execution is to be obtained in the court of origin, however you can go to the
Appellate court if the Court of Origin refuses to issue a Writ of Execution. You will request the Appellate court to
issue an order directing the court of Origin to issue a writ of execution.
 while in discretionary execution is secured to the court exercising jurisdiction, it is filed in the court of origin if it
still possesses the original records meaning it has residual jurisdiction that allows order of execution of judgment
pending Appeal. It will be filed in the appellate court when the record has already been transmitted to it.
 Discretionary execution can be stayed, by filing of a supersedeas bond by the judgment obligor, it is a guaranty
that the judgment obligor will fulfill what is required of him of the judgment in the event that the judgment is
sustained in whole or in part.
 But there are judgments that cannot be stayed like judgment in injunction, receivership and other judgment
declared to be immediately executory.
 In case of separate, several and partial judgment are subject to discretionary execution but must ask authority
from the court.
 Finally, if execution is granted and the judgment is reversed or modified, the trail court may issue orders of
reparation or restitution of damages.
 Both compulsory and discretionary execution covers only judgment. Exception judgment for support pendent
lite

 Execution is secured by way of motion, we said that even though compulsory execution is issued as a matter of
right motion is still required for the court:
o To determine the extent of execution, to assure what is going to be executed is what have been
adjudged the judgment obligee is entitled to.
o To appreciate the possibility that the judgment has already been satisfied either voluntarily or
by way of novation.
o To give due consideration in the event that a petition of relief from judgment or annulment of
judgment is pending.
 If the Court grants the motion for execution it will now issue an order directing the sheriff to issue a writ of
execution , is shall state:
 Issue in the name of the Republic of the Philippines from the court that granted the judgment
 The name of court, case number, title and dispositive portion
 Require the sheriff to whom it is directed to enforce the writ according to its terms.
 Terms or manner is as follows:
 Execution against property of judgment obligor
 Against real/personal property held by his personal representative, heirs, devisees
  If it be for sale of real/personal property
 If it be for delivery of the possession of real/personal property
 Writ shall specifically state the amount of interest, costs of damages, rents, profits due as of the
date of issuance of the writ aside from the principal obligation

SATISFACTION

How is judgment satisfied, it depends?

1. If the judgment is for sum of money, it will be satisfied by way of demand, levy and garnishment
 Demand- it may be in the form of cash or check but the check must be cashier’s check or certified check
- If the oblige is not present to receive amount the sheriff shall deposit it in the nearest
government depository bank.
- in no case shall the sheriff demand payment by check payable to him

If the judgment obligor has no money the sheriff may resort to satisfaction by levy or garnishment of debts and credit or
both.

 When we say Levy the sheriff will constitute a lien to the property of the judgment obligor, if it is a
personal property sheriff will take possession, if it cannot be brought to the court, sheriff will execute a
levy indicating that he had levied on the personal/real property of judgment obligor.
- Effect of levy shall create a lien on the property, that means the property is held to answer for the
judgment obligation. It will be liquidated, sold in public auction
 On the other hand, garnishment – the properties subject for the satisfaction of the judgment obligor is
in the hand of a 3rd person. Sheriff must garnish these properties by making 3rd person aware that the
properties are subject to satisfaction of judgment obligation.

Any judgment that require the payment of sum of money will have to go through the process(demand-levy-
garnishment)

2. Execution for specific acts- namely conveyance, delivery of deeds and other specific acts.
- Obligor is directed to comply, if he fails to do so, court may direst the act to be done at the cost of the
disobedient party, by some other person and when done it is as if done by the disobedient party.
- If it involves, real/personal property the court in lieu of directing a conveyance thereof may by an order divest
title and vest it in others, which shall have the force and effect of a conveyance executed in due form of law.