3. When Execution Shall Issue

D. Practical Exercises (part 3 of 3)

All names, places, numbers and facts in these samples are fictitious. Any resemblance to real persons or cases is coincidental.

Sample: Motion for the Issuance of a Writ of Execution

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
Branch 00, Sta. Lucia, Nueva Aurora

MARIANO T. LEGASPI, Plaintiff,
– versus –
ROWENA C. ALBA, Defendant.
Civil Case No. 0000 · For: Sum of Money

MOTION FOR THE ISSUANCE OF A WRIT OF EXECUTION

Plaintiff, through counsel, states:

1. On 4 June 2026, this Court rendered a decision ordering defendant to pay plaintiff ₱500,000.00, with legal interest, and the costs of suit.

2. Defendant received a copy of the decision on 10 June 2026. She filed neither a motion for reconsideration nor a notice of appeal within fifteen days. The decision became final and executory when that period lapsed, and judgment was entered (Rule 36, Sec. 2). A certified copy of the entry of judgment is attached as Annex "A".

3. Since no appeal was perfected, plaintiff is entitled to execution as a matter of right (Rules of Court, Rule 39, Sec. 1).

4. This is a non-litigious motion, which the Court resolves without a hearing (Rule 15, Sec. 4(d)).

PRAYER

Plaintiff asks the Court to issue a writ of execution of its decision dated 4 June 2026.

Sta. Lucia, Nueva Aurora, 1 July 2026.

[Counsel's name, address, Roll of Attorneys number, IBP and PTR numbers, MCLE compliance, and email address]

Copy furnished: counsel for defendant, by electronic mail [with proof of service under Rule 13]

Points to note. Execution issues as a matter of right, on motion, once the judgment disposes of the action and the period to appeal lapses with no appeal perfected (Rule 39, Sec. 1). If an appeal was taken and resolved, the motion is filed in the court of origin with certified true copies of the final judgment and its entry (Rule 39, Sec. 1). A motion for a writ of execution is non-litigious: it is not set for hearing and is resolved within five calendar days (Rule 15, Sec. 4). Execution pending appeal is discretionary and needs good reasons stated in a special order after hearing (Rule 39, Sec. 2). A judgment may be executed on motion within five years from entry, and after that by an independent action before it is barred by prescription (Rule 39, Sec. 6). An order of execution cannot be appealed; the remedy is a special civil action under Rule 65 (Rule 41, Sec. 1).

WHEN EXECUTION SHALL ISSUE

NO appeal may be taken 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.

When execution is a matter of right

On motion:

• Upon judgment or order that disposes of the action or proceeding;
• Upon expiration of the period to appeal therefrom and no appeal has been duly perfected;
• When appeal has been duly perfected and resolved with finality. (Rule 39, Sec. 1)

Updated: Support pending appeal may be executed before finality, subject to appropriate protective terms and the appellate court’s power to suspend or modify the award (XXX v. Court of Appeals, G.R. No. 261459, 20 May 2024).

What is a Good Reason

Good reasons consist of compelling circumstances justifying immediate execution lest judgment becomes illusory, or the prevailing party, after the lapse of time, be unable to enjoy it, considering the tactics of the adverse party who may have apparently no cause but to delay. (Archinet International, Inc. v. Beco Philippines, Inc. G.R. No. 183753, 2009)

BEFORE levy:

• Execution will issue if the action is for the recovery of real or personal property or any lien thereon.
• Execution will not issue if the action is for the recovery of a sum of money. The judgment obligee must file a claim against the estate of the judgment obligor under Rule 86.

AFTER levy: Execution will continue even in money judgment. The property may be sold for the satisfaction of the judgment obligation, and the officer making the sale shall account to the corresponding executor or administrator for any surplus in his hands. (Rule 39, Section 7)