Rule 39

Section 9 (b)
Satisfaction by Levy
 Definition
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.
[Fiestan v. CA, G.R. No. 81552 (1990)]

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, G.R. No. 21572 (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. [1 Regalado 487, 2010 Ed.]
Condition before resort to satisfaction
by levy
If the judgment obligor cannot pay all or part of
the obligation in cash, certified bank check or
other mode of payment acceptable to the
judgment obligee [Sec. 9(b), Rule 39]
 Procedure
1. The officer shall levy upon the properties of the
judgment obligor of every kind and nature whatsoever which
may be disposed of for value and not otherwise exempt from
execution.

2. The officer shall give the judgment obligor the option

to immediately choose which property or part thereof may
be levied upon, sufficient to satisfy the judgment.

3. 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 the personal properties
are insufficient to answer for the judgment
 4. The sheriff shall sell only a sufficient portion of the personal
or real property of the judgment obligor which has been levied upon.

5. When there is more property of the judgment obligor than

is sufficient to satisfy the judgment and lawful fees, he must sell only
so much of the personal or real property as is sufficient to satisfy the
judgment and lawful fees.

Real property, stocks, shares, debts, credits, and other personal

property, or any interest in either real or personal property, may be
levied upon in like manner and with like effect as under a writ of
attachment. [Sec. 9(b), Rule 39]
Note: If the judgment is for a sum of money

1. The judgment obligor dies before the levy has

been made on the property: judgment cannot be
enforced by writ of execution. Instead, it should be filed
as a claim against the estate.

2. If the judgment obligor dies after the entry of

judgment but before levy on his property, execution will
issue if it is for the recovery of real/personal property
[1 Regalado 475, 2010 Ed.]
A writ of execution directing the sheriff to cause the defendant to
vacate is in the nature of a habere facias possessionem and authorizes
the sheriff, without need of securing a “break-open” order, to break
open the premises where there is no occupant therein.
(Arcadio v. Ylagan, A.M. No. 2734 (1986)]

Note: The rationalization behind this is that the writ of exeution itself
is essentially an order to place the prevailing party in possession of the
property. If the defendant refuses to surrender possession of the
property to the prevailing party, the sheriff or other proper officer
should oust him. No express order to this effect needs to be stated in
the decision. [Guario v. Ragsac, A.M. No. P-08-2571 (2009)]