4. How a Judgment is Executed

3. How a judgment is executed

a. By motion or independent action b. Execution of judgments for money c. Execution of judgments for specific acts d. Execution of special judgments e. Requisites before demolition order is issued f. Effect of levy on third persons

B. Execution of several, separate or partial judgments.

Several separate or partial judgments MAY be executed under the SAME terms and conditions as execution of judgment or final order pending appeal.

Note: An award for actual/compensatory damages may be ordered executed pending appeal, but not an award for moral or exemplary damages.

WRIT OF EXECUTION

A judicial writ issued to an officer authorizing him/her to execute the judgment of the court.

Requisites:

• Must strictly conform to the decision or judgment which gives it life;
• Cannot vary the terms of judgment it seeks to enforce.

The Writ must:

• Be issued in the name of the Republic of the Philippines from the court, which granted the motion;
• State the name of the court, the case number and title, the dispositive part of the subject judgment or order; and
• Require the sheriff or other proper officer to enforce the writ according to its terms.

The motion for execution and the writ of execution must state specifically the amount of interest, costs, damages, rents, or profits due as of the date of issuance of the writ, aside from the principal obligation.

Special sheriffs for the service of a writ of execution are not authorized by law.

An appeal is the remedy for an order denying the issuance of a writ of execution.

Issuance of the corresponding writ of execution upon a final and executor judgment is a ministerial duty of the court to execute which is compellable by mandamus (Ebero v. Cañizares, G.R. No. L-1397, 1947)

Refusal of Purchaser to Pay

The officer may again sell the property to the highest bidder and shall not be responsible for any loss occasioned thereby. But the court may order the refusing purchaser to pay to the court the amount of such loss with costs. The court may punish him/her for contempt if he/she disobeys the order. The officer may then reject any subsequent bid of such purchaser who refuses to pay. (Rule 39, Sec. 20)

Conveyance to Purchaser of Personal Property Capable of Manual Delivery

When the purchaser pays the purchase price, the officer making the sale must deliver the property to the purchaser and, if desired, execute and deliver to him/her a certificate of sale. (Rule 39, Sec. 23)

Limitation

No judgment obligor shall be required to appear before a court or commissioner outside the province or city in which such obligor resides or is found.