RULE 39 [SECS.

1-7]
EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS
Execution will come in, in cases where judgment is final and executory, correct? And execution shall be done at
the court of origin or the court which actually rendered the judgment. However, is there something which can
be done if the case was appealed and the decision of the appellate court is already final and executory, and
the records of the case are not yet transmitted to the court of origin?
To be honest, you will appreciate the beauty of Rule 1(2), because even if you the appellate court made the
decision, and the decision is already final and executory, sometimes execution cannot be made because the
court of origin has to wait daw for the records of the case. So what will happen is, after entry of judgment was
already issued by the CA, the next step would be is to send the records of the case to the court of origin. And
in reality it will take long. To remedy this particular stage, something can be done on the part of the winning
party. And even if the records of the case are not yet transmitted to the court of origin, what would you do in
that particular instance?
ANS: FILE MOTION FOR EXECUTION OF JUDGMENT
And what will he do next in support for this motion for execution of judgment? He must just present to the
court:
1. Certified true copy of the decision, subject of the motion AND
2. Entry of judgment
In reality, the appellate court, before it would transmit the records to the court of origin and finding that the
decision is final and executory will automatically issue an entry of judgment. If you are now in possession of
these 2 documents, even if the records are not yet transmitted, you are now allowed to file a motion for
execution of judgment. In fact in the last paragraph, the CA, also the appellate court we direct also the court of
origin to issue the corresponding writ of execution. You anchor that on Sec. 1 of Rule 39.
Is the motion for execution be ex-parte? YES. If the motion for execution is a matter of right. If the filing of the
motion for execution is a matter of right, because the decision has been final and executory. Actually the rule is
considered as a non-litigated motion. Thats why there is one comment there that it can be done by means of
ex-parte motion. When you talk about ex-parte motion, you need not serve that to the other party because
anyway, the court can take judicial notice na that that decision is final and executory. But if the motion for
execution is a matter of discretion, that is definitely a litigated motion.
If the decision is already final and executory, then the issuance of writ of execution is already a matter of right
like what we said that it can even be done by means of ex-parte motion lang. Are there EXCEPTIONS where writ
of execution will not be allowed? (MEMORIZE) Matter of right, but writ of execution may not lie in any of the
following instances:
1. Where judgment turns out to be incomplete or conditional
2. Judgment novated by parties
3. Supervening Fact Doctrine: Equitable grounds like a change in the situation of the parties
which makes execution inequitable
4. Execution is enjoined
5. Judgment has become dormant (XPN: support which can be executed by motion)
6. Execution is unjust or impossible
If you are told to do something so as not to pursue execution, what do you do? The motion of execution is now
granted by court and a writ of execution was now issued but your client insists that you have to do something
to prevent that particular execution. What is the appropriate remedy?

In reality what we do is you file a motion for the issuance of a writ of execution. If the motion is granted, the
court issues the writ and the sheriff implements it. You were told by your client to do something to stop
implementation. What is the right remedy for this?
ANS: FILE MOTION TO QUASH THE WRIT OF EXECUTION
What are the grounds to file a motion to quash the writ of execution?
1.
2.
3.
4.
5.
6.
7.

A change in the situation of the parties renders execution inequitable MOST COMMON
Issued against the wrong party
Issued without authority
Improvidently issued
Defective in substance
Judgment already satisfied
The controversy never submitted to the court

If the writ of execution has already been issued and you felt aggrieved, file a motion to quash under these
grounds.
What is the remedy if in case the writ of execution is denied by court?
ANS: APPEAL. Dont file a petition for certiorari.
Execution can be a matter a right / discretion. What is the principle of matter of discretion? When will this
happen? That is in reference to PENDING APPEAL. But the FILING OF MOTION FOR EXECUTION PENDING
APPEAL, where do you file this? This refers to execution while the case is still on appeal not yet final and
executory.
ANS: If the records of the case have been transmitted na to the appellate court, to that appellate court, but if
not yet then with the trial court that rendered judgment even if the 15-day period has already lapsed but the
records of the case were not yet transmitted. This is not a motion ex-parte, you need to notify the adverse
party that the motion will be set for a hearing.
This should be based on what? What ground is it to warrant the issuance of execution pending appeal?
ANS: UPON GOOD REASONS:
1. Where lapse of time would make the ultimate judgment ineffective, as where the debtors
were withdrawing their business and assets from the country
2. Where the appeal is clearly dilatory
3. Where the judgment is for support and the beneficiary is in need thereof
4. Where the articles subject of the case would deteriorate and court can fix the time for
notice of execution sale of perishable property
5. Where defendants are exhausting their income and have no other property aside from the
proceeds from the subdivision lots subject of the action
6. Where judgment debtor is in imminent danger of insolvency or is actually insolvent
7. Where the prevailing party is of advanced age and in a precarious state of health, and the
obligation in the judgment is non-transmittable, being for support
8. Where there is uncontradicted evidence showing that, in order to house machineries which
they were forced to place on a public street, movants were in extreme need of the
premises subject of the suit and the possession, and the corresponding bond to answer for
damages in case of reversal on appeal had been posted by them
9. Where the case involved escrow deposits and the prevailing party posts sufficient bond to
answer for damages in case of reversal of the judgment
10. If forcible entry, the court, more often than not grants execution pending appeal.
Theres already a judgment, this judgment is not yet final and executory. The losing party filed an appeal. The
winning party filed a motion for execution pending appeal and was granted by court for good reasons. If you
were the counsel for the losing party, how will you prevent the execution?
ANS: FILE MOTION TO STAY THE EXECUTION, BY FILING THE SUPERSEDEAS BOND

Supersedeas Bond is to answer for whatever damages which may be incurred by the other party if it should
turn out later that the execution should not have been granted. This is how execution will be stayed
(suspended).
We assume that an execution pending appeal was granted. The decision was executed, because the other
party had no money to file a supersedeas bond. However, the decision of the trial court was reversed by the
appellate court. There was already an execution. What should now be done?
ANS: SEC 5: REVERSAL OF EXECUTED JUDGMENT If reversed totally / partially, or annulled on
appeal or otherwise, the trial court may, on motion, issue orders of restitution or reparation of
damages as equity and justice may warrant under the circumstances.
On reversal, the property itself must be returned to the judgment debtor, if the same is still in the possession
of the judgment creditor, plus compensation to the former for the deprivation and use of the property. This can
be effected by motion to the trial court.
MEMORIZE:
If restitution is not possible, then compensation should be made as follows:
a. If the purchaser at the public auction was the judgment creditor, he must pay the full value
of the property at the time of its seizure, plus interest
b. If the purchaser at the public auction was a 3rd person, the judgment creditor must pay the
judgment debtor the amount realized from the sale of said property at the sheriffs sale,
with interest
c. If the judgment award was reduced on appeal, the judgment creditor must return to the
judgment debtor only the excess which he received over and above that to which he is
entitled under the final judgment, with interest on such excess
What are the instances or exceptions when even if the other party files a supersedeas bond, the execution will
not stay? When will it be automatic when judgments will not be stayed by appeal?
ANS: SEC. 4: Instances where judgment is immediately executory:
1.
2.
3.
4.
5.

Injunction
Receivership
Accounting
Support immediately needed and delay might prejudice the one in need of it
Such other documents declared to be immediately executory unless otherwise ordered by
the trial court

If you want to file a motion for execution of judgment, how many years?
ANS: MODES OF ENFORCEMENT:
1. By motion within 5 years from entry of judgment
2. By independent action for REVIVAL OF JUDGMENT after 5 years from entry but within 10
years
The decision is now final and executory, unfortunately the losing party dies. How should execution be done?
MEMORIZE:
ANS: SEC.7: EXECUTION IN CASE OF DEATH OF PARTY:
1. Death of judgment obligee upon the application of his executor or administrator, or
successor in interest
2. Death of judgment obligor against his executor or administrator or successor in interest,
if the judgment be for the recovery of real or personal property, or enforcement of lien
3. Death of judgment obligor after execution is actually levied upon any of his property, the
same 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
This presupposes though that the judgment was already final and executory. Execution will still proceed.