b. Execution of Judgments for Money, for Specific Act, and of Special Judgments

Writ of Execution Not Allowed

The judgment does not entail an executory process since generally, other than a declaration of such rights and duties, as these are understood in ordinary civil actions, are not sought by the proponent. However, the court can grant such other affirmative relief as may be warranted by the evidence if the complaint is sufficient to make out a case for specific performance or recovery of property with claims for damages and the defendants did not raise such issue in the trial court to challenge the remedy availed of. (Adlawan v. IAC, G.R. No. 73022, 1989)

Execution in case of death or party

In case of death of the judgment obligee, execution will issue upon the application of the executor or administrator or successor-in-interest.

In case of death of judgment obligor:

EXECUTION OF JUDGMENTS FOR MONEY

A Judgment for Money is enforced by:

• Immediate payment on demand;
• Satisfaction by levy;
• Garnishment of debts and credits. (Rule 39, Sec. 9)

Immediate payment on demand

Judgment obligor shall pay in cash, certified bank check payable to the judgment obligee, or any other form of payment acceptable to the latter of the full amount stated in the writ of execution.

Conveyance, delivery of deeds, or other specific acts; vesting title.

If a party fails to comply within the time specified, the court may direct the act to be done at the cost of the disobedient party.

Sale of real or personal property

The officer must sell such property, describing it, and apply the proceeds in conformity with the judgment.

Delivery or restitution of real property

The officer shall demand the losing party to peaceably vacate the property within 3 working days, and restore possession to judgment obligee; otherwise, the officer shall oust such disobedient party.

SPECIAL JUDGMENT

One which can only be complied with by the judgment obligor because of his/her personal qualifications or circumstances.

For example, a judgment granting a petition for mandamus is a special judgment, since a writ of mandamus is a command directed to an inferior court, tribunal, or board, or to some corporation or person, requiring the performance of a particular duty, and which duty results from the official station of the party to whom the writ is directed, or from operation of law. (National Housing Mortgage Finance Corporation v. Abayari, G.R. No. 166508, 2009)

Conveyance of Real Property; Certificate thereof Given to Purchaser and Filed with the Registry of Deeds

The officer must give to the purchaser a certificate of sale.

Contents of CERTIFICATE OF SALE:

• A particular description of the real property sold.
• The price paid for each distinct lot or parcel.
• The whole price paid by him/her.
• A statement that the right of redemption expires 1 year from the date of the registration of the certificate of sale. (Rule 39, Sec. 25)

Note: The certificate of sale in this case is merely provisional. No court confirmation is required.

Judgment Debtor:

• Within one (1) year from the date of registration of the certificate of sale.