Legendary Notes
Rule 39 Execution, Satisfaction and
Effects of Judgments.
Section 1 Execution as a matter of
right.
When execution is a matter of right?
On motion, execution is a matter
of right when judgment or order
becomes final and executory, that is,
within the period to appeal, no appeal
has been perfected.
*Here, motion for execution
is simply filed.
Where to apply for the writ of
execution?
In the court that originally
rendered the judgment.
What if it is the appellate court
rendered the final and executory
judgment?
It may be applied in the court of
origin on motion of the judgment
obligee.
*The certified true copies of
the judgment or final order
sought to be enforced and
of the entry thereof must be
submitted to the court of
origin, with notice to the
adverse party.
Can the judgment obligee apply in
the appellate court for the said writ?
Yes. On motion and when interest
of justice requires. However, the
appellate court will not issue the writ. It
will only direct the court of origin to
issue the writ of execution.
Can the execution be stayed?
No. If execution is a matter of
right, execution cannot be stayed.
Section 2 Discretionary execution.
When execution is a matter of
discretion?
i. When judgment or final order
is pending on appeal; OR
ii. In case of several, separate,
or partial judgments.
When court may order execution of a
judgment or final order pending
appeal?
Requisites:
i. A motion was filed by the
prevailing party within the
period to appeal;
ii. Notice to the adverse party;
iii. The trial court still has
jurisdiction over the case;
*If the trial court has
lost its jurisdiction, the
motion must be filed in
the appellate court.
Trial court losts its jurisdiction upon
perfection of appeal on BOTH side.
iv. Original record or the record
on appeal, as the case may
be, is still in possession of
the trial court; AND
v. The good reasons must be
stated in the special order
after due hearing.
*Hence, there must be a
hearing to find out if a
 Legendary Notes
good reason exists to i. Judgments in actions for
justify execution injunction;
pending appeal. ii. Receivership;
iii. Accounting and support;
When court may order execution in AND
case of several, separate or partial iv. Such other judgments
judgments? declared to be immediately
The same rule applies as executory.
execution pending appeal.
On appeal therefrom, the appellate
Section 3 Stay of discretionary court in its discretion may make an
execution. order suspending, modifying, restoring
or granting the injunction, receivership,
When discretionary execution be accounting, or award of support.
stayed?
Discretionary execution may be Exception:
stayed: Otherwise ordered by the trial
court.
i. Upon approval by the proper
court of a sufficient Section 5 - Effect of reversal of
supersedeas bond filed by executed judgment.
the party against whom it is
directed; AND Where the executed judgment is
ii. It is conditioned upon the reversed totally or partially, or
performance of the judgment annulled, on appeal or otherwise, on
or order allowed to be motion, the trial court may issue such
executed in case it shall be orders of restitution or reparation as
finally sustained in whole or equity and justice may warrant under
in part. the circumstances.

The bond thus given may be Section 6 Execution by motion or

proceeded against on motion with
notice to the surety.
Section 4 Judgments not stayed by
appeal.
Gen. Rule:
The following actions shall be
enforceable after their rendition and
shall not be stayed by an appeal taken
therefrom:
by independent action.
Rules:
i. A final and executory
judgment or order may be
executed on motion within 5
years from the date of its
entry.
ii. If the final and executory
judgment or order is still
unsatisfied, after the lapse of
5 years and before it is
 Legendary Notes
barred by statute of
limitations (10 years), the
prevailing party may file an
action to revive judgment
(independent action) because
the judgment became
dormant.
*Once the judgment is
revived, the prevailing
party has another 5
years within which to
execute the judgment
by motion.
Section 7 Execution in case of
death of party.
In case of death of a party,
execution may issue or be enforced in
the following manner:
i. In case of the death of the
judgment obligee, upon the
application of his executor or
administrator, or successor
in interest;
ii. In case of the death of the
judgment obligor, against his
executor, administrator, or
successor in interest, if the
judgment be for recovery of
real or personal property, or
the enforcement of a lien
thereon;
iii. In case of the death of the
judgment obligor, after
execution is actually levied
upon any of his property, the
same may be sold for the
satisfaction of the judgment
obligation. The officer making
the sale shall account to the
corresponding executor or
administrator for any
surplus in his hands.
*If the judgment obligor
dies before levy has
been made upon his
property, such
judgment cannot be
enforced by writ of
execution but must be
filed as a claim against
the estate of the
judgment obligor.
Section 8 Issuance, form and
contents of a writ of execution.
The writ of execution shall:
i. Issue in the name of the RP
from the court which granted
the motion;
ii. State the name of the court,
the case number and title,
the dispositive part of the
subject judgment or order;
AND
iii. Require the sheriff or other
proper officer to whom it is
directed to enforce the writ
according to its term in the
following manner:
1. If the execution be
against the property of
judgment obligor, to
satisfy the judgment,
with interest, out of the
real or personal
property of such
judgment obligor;
2. If it be against real or
personal property in the
hands of personal
 Legendary Notes
representatives, heirs,
devisees, legatees,
tenants, or trustees of
the judgment obligor, to
satisfy the judgment,
with interest, out of
such property;
3. If it be for the sale of
real and personal
property , to sell such
property;
*Here, the
property must be
described and the
proceeds applied
in conformity with
the judgment, the
material parts of
which shall be
recited in the writ
of execution.
4. If it be for the delivery of
the possession of real or
personal property, to
deliver the possession of
the same, describing it,
to the party entitled
thereto, and to satisfy
any costs, damages,
rents, or profits covered
by the judgment out of
the personal property of
the person against
whom it was rendered;
*If sufficient
personal property
cannot be found,
then out of the
real property.
5. In all cases, the writ of
execution shall
specifically state the
amount of the interest,
costs, damages, rents,
or profits due as of the
date of the issuance of
the writ, aside from the
principal obligation
under the judgment.
*For this purpose,
the motion for
execution shall specify
the amounts of the
foregoing reliefs sought
by the movant.
Section 9 How execution of
judgements for money are enforced.
Rules:
IMMEDIATE PAYMENT ON DEMAND
The officer shall demand from the
judgment obligor the immediate
payment of the full amount stated in
the writ of execution and all lawful fees.
The lawful fees shall be handed under
proper receipt to the executing sheriff
who shall turn over the said amount
within the same day to the clerk of
court of the court that issued the writ.
What is the mode of payment?
The judgment obligor shall pay the
amount under proper receipt directly to
the obligee or his authorized
representative if present at the time of
payment:
i. In cash;
ii. In certified bank check
payable to the judgment
obligee; OR
 Legendary Notes
iii. In any other form of payment
acceptable to the judgment
obligee.
What if the judgment obligee or his
authorized representative is not
present to receive payment?
The judgment obligor shall deliver
the aforesaid payment to the executing
sheriff.
*The executing sheriff shall
turn over all the amounts
coming into his possession
within the same day to the
clerk of court of the court
that issued the writ.
If the same is not
practicable, the
executing sheriff shall
deposit the said amount
to a fiduciary account
in the nearest
governmental
depositary bank of the
RTC of the locality.
What is the duty of the clerk of
court?
The clerk of said court shall
thereafter arrange for the remittance of
the deposit to the account of the court
that issued the writ whose clerk of
court shall then deliver said payment to
the judgment obligee in satisfaction of
the debt.
What if there is any excess?
The excess shall be delivered to
the judgment obligor.
*However, the lawful fees
shall be retained by the clerk
of court for disposition as
provided by law.
In no case shall the executing sheriff
demand that any payment by check be
made payable to him.
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, the officer shall levy upon the
properties of the judgment obligor
which may be disposed of for value and
not otherwise exempt from execution.
*Here, the judgment obligor
is given the option to
immediately choose which
property or part thereof may
be levied upon sufficient to
satisfy the judgment.
What if the judgment obligor does
not exercise the option?
The officer shall levy on the
personal properties, if any.
*If the personal properties
are insufficient to answer
for the judgment, then on the
real properties.
To what extent of the properties
shall the sheriff sell?
The sheriff shall sell only a
sufficient portion of the personal or real
property of the judgment obligor which
has been levied upon.
 Legendary Notes
What if there is more property of the sufficient funds or credits to satisfy the
judgment obligor than is sufficient to amount of the judgment.
satisfy the judgment and lawful fees?
The sheriff must sell only so much *If not, the report shall state
of the personal or real property as is how much funds or credits
sufficient to satisfy the judgment and the garnishee holds for the
lawful fees. judgment obligor.

Real property, stocks, shares, debts, When the garnished amount be

credits, and other personal property, or delivered to the judgment obligee?
any interest in either real or property, The garnished amount in cash or
may be levied upon in like manner and certified bank check issued in the name
with like effect as under a writ of of the judgment obligee shall be
attachment. delivered to the judgment obligee within
10 working days FROM service of notice
GARNISHMENT OF DEBTS AND on the said garnishee requiring such
CREDITS delivery.

What may be garnished? *However, lawful fees shall

The officer may levy on debts due be paid directly to the court.
the judgment obligor and other credits
and any other personal property not What if there are two or more
capable of manual delivery in the garnishees holding deposits or
possession of possession of 3rd parties. credits sufficient to satisfy the
judgment?
How levy shall be made? The judgment obligor, if
By serving notice upon the person available, shall have the right to
owing such debts or having in his indicate the garnishee or garnishees
possession or control such credits to who shall be required to deliver the
which the judgment obligor is entitled. amount due.

What shall be the extent of the *Otherwise, the choice shall

garnishment? be made by the judgment
It shall cover only such amount as obligee.
will satisfy the judgment and all lawful
fees. How will the executing sheriff deliver
payment to the judgment obligee?
When the garnishee shall make a He will observe the same
written report to the court? procedure under immediate payment
Within 5 days FROM service of the on demand.
notice of garnishment stating whether
or not the judgment obligor has Section 10 Execution of judgment
for specific acts.
 Legendary Notes
CONVEYANCE, DELIVERY OF DEEDS,
OR OTHER SPECIFIC ACTS VESTING
TITLE
A judgment may direct a party to:
i. Execute a conveyance of land
or personal property;
ii. To deliver deeds or other
documents; OR
iii. To perform any other specific
act in connection therewith.
What if the party directed fails to
comply within the specified time?
The court may direct the act to be
done at the cost of the disobedient
party by some other person appointed
by the court.
*The act when so done shall
have like effect as if done by
the party.
If real or personal property is situated
within the Philippines, the court in lieu
of directing a conveyance may by an
order divest the title of any party and
vest it in others.
*This shall have the force
and effect of a conveyance
executed in due form of law.
SALE OF REAL OR PERSONAL
PROPERTY
If the judgment be for the sale of
real or personal property, to 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
person against whom the judgment for
the delivery or restitution of real
property is rendered and all persons
claiming rights under him to peaceably
vacate the property within 3 working
days, and restore possession thereof to
the judgment obligee.
*Otherwise, the officer shall
oust such persons therefrom
with the assistance, if
necessary, of appropriate
peace officers.
They shall only employ
such means as may be
necessary to retake to
possession, and place
the judgment obligee in
possession of such
property.
DELIVERY OF PERSONAL PROPERTY
In judgment for the delivery of
personal property, the officer shall take
possession of the same and deliver it to
the party entitled and satisfy any
judgment for money.
Section 11 Execution of special
judgments.
What if the judgment requires the
performance of any other act other
than those mentioned in Sections 9
and 10 of Rule 39?
A certified copy of the judgment
shall be attached to the writ of
execution and shall be served by the
officer upon the party against whom the
same is rendered or upon any other
persons required to obey the same.
 Legendary Notes
him in his ordinary
What is the effect of disobedience? occupation;
Such party or person may be iv. His necessary clothing and
punished for contempt. articles for ordinary personal
use;
Section 12 Effect of levy on *Jewelry is excluded.
execution as to third persons.
v. Household furniture and
The levy shall create a lien in utensils necessary for
favour of the judgment obligee over the housekeeping, and used for
right, title, or interest of the judgment that purpose by the
obligor in such property at the time of judgment obligor and his
the levy. family, such as the judgment
obligor may select.
*This is subject to liens and
encumbrances then existing. *The value must not
exceeding P100, 000.
Section 13 Property exempt from vi. Provisions for individual or
execution. family use sufficient for 4
months;
Gen. Rule: vii. The professional libraries
The following properties and no and equipment of judges,
other are exempt from execution: lawyers, physicians,
i. The judgment obligors family pharmacists, dentists,
home, or the homestead in engineers, surveyors,
which he resides, and land clergymen, teachers and
necessarily used in other professionals.
connection therewith; *The value not
exceeding P300, 000.
*The family home is
exempt when the value viii. One fishing boat and
thereof does not exceed accessories owned by a
P300, 000 or P200, 000, fisherman and by the lawful
in urban and rural use of which he earns his
areas, respectively. livelihood;

ii. Ordinary tools and *The value not

implements personally used
by him in his trade,
employment, or livelihood;
iii. Three beasts of burden as
the judgment obligor may
select, necessarily used by
exceeding P100, 000.
ix. So much of the salaries,
wages, or earnings of the
judgment obligor for his
personal services within 4
 Legendary Notes
months preceding the levy as
are necessary for the support
of his family;
x. Lettered gravestones;
xi. Monies, benefits, privileges,
or money accruing growing
out of any life insurance;
xii. The right to receive legal
support, or money or
property obtained as such
support, or any pension or
gratuity from the
Government.
xiii. Property specially exempted
by law.
No property mentioned shall be
exempt from execution issued upon a
judgment recovered for its price or upon
a judgment of foreclosure of a mortgage
thereon.
*The writ shall continue in
effect during the period
within which the judgment
may be enforced by motion.
The officer shall make
a report to the court
every 30 on the
proceedings taken
thereon until the
judgment is satisfied in
full or its effectivity
expires.
The returns or periodic shall set forth
the whole of the proceedings taken, and
shall be filed with the court and copies
thereof promptly furnished the parties.
Section 15 Notice sale of property
on execution.

DArmoured Security v Orpia, 2005 Posting of written notice of the

The exemptions are confined only time and place of the sale of property
to natural persons and not to juridical on execution before such sale is
entities. required.

Section 14 Return of writ of PERISHABLE PROPERTY

execution.
i. Notices in 3 public places.
The writ of execution shall be
returnable to the court issuing it *Preferably in conspi-
immediately AFTER the judgment has cuous areas of the
been satisfied in part or in full. municipal or city hall,
post office and public
What if the judgment cannot be market in the
satisfied in full? municipality or city
The officer shall report to the where the sale is to take
court within 30 days AFTER receipt of place.
the writ that the judgment cannot be
satisfied in full and he shall state the ii. For a reasonable time.
reason for the nonsatisfaction.
 Legendary Notes
*Character and condi- Where is the place of the sale?
tion of property must
be considered. i. In the place agreed upon by
the parties.
PERSONAL PROPERTY ii. In the absence of such
agreement:
i. Notices in 3 public places
also. a. The sale of real property
ii. For not less than 5 days. or personal property not
REAL PROPERTY capable of manual
delivery it shall be
If the assessed value is P50, 000 and held in the office of the
below. clerk of court of the
RTC or MTC which
i. Notices in 3 public places issued the writ or which
also. was designated by the
ii. For 20 days. appellate court.
b. The sale of personal
The notice shall particularly property capable of
described the property and shall state manual delivery it
where the property is to be sold. shall be held in the
place where the
If the assessed value is more than P50, property is located.
000.
Section 16 Proceedings where
i. No notice. property is claimed by a 3rd person.
ii. Publication of notice
iii. Once a week for 2 What is the rule if the property
consecutive weeks in one levied on is claimed by a 3rd person?
newspaper selected by raffle.
Gen. Rule:
In all cases, written notice of the sale The officer making the levy shall
shall be given to the judgment obligor not be bound to keep the property.
at least 3 days BEFORE the sale.
*Here, such 3rd person:
*In cases of sale of perishable
goods, notice of such sale shall be i. Makes an affidavit of his
given at any BEFORE the sale. title or right of possession
to the property levied.
What is the time of the sale? ii. States the grounds of such
9 AM to 2 PM. title or right.
iii. Serves the same upon the
officer making the levy and
the judgment obligee.
 Legendary Notes
Exception:
The judgment obligee files a bond
approved by the court to indemnify the
3rd party claimant in a sum not less
than the value of property levied on,
*If there is an disagreement,
it shall be determined by the
court which issued the writ
of execution.
The officer shall not be liable for
damages for the taking or keeping of
the property to any 3rd party claimant if
such bond is filed.
When damages may be claimed
against the bond?
Action to claim damages for the
taking or keeping of the property may
be enforced against the bond within
120 days FROM the date of the filing of
the bond.
May such 3rd person vindicate his
claim to the property?
Yes. He may vindicate his claim to
the property in a separate.
What if such 3rd person filed a
frivolous or plainly spurious claim?
The judgment obligee may claim
damages in the same or a separate
action.
When filing of a bond is not
required?
When the writ of execution is
issued in favor of the RP or any officer
duly representing it.
Since no bond is filed, what if the
sheriff is sued for damages as a result
of the levy?
He shall be represented by the Sol.
Gen. and if held liable for damages, the
actual damages adjudged by the court
shall be paid by the National Treasurer.
Section 17 Penalty for selling
without notice or defacing notice.
Acts punished:
i. An officer selling without
notice;
ii. A person wilfully removing or
defacing the notice posted
before the sale or before the
satisfaction of the judgment.
Section 18 Effect if judgment and
costs are paid.
At any time before the sale of
property on execution, the judgment
obligor may prevent the sale by paying
the amount required by the execution
and costs that have been incurred
therein.
Section 19 How property is sold on
execution.
All sales of property under
execution must be made at public
auction to the highest bidder.
What if sufficient property has been
sold to satisfy the execution?
No more shall be sold.
 Legendary Notes
What will happen to any excess?
Gen. Rule:
Any excess property or proceeds of
the sale shall be promptly delivered to
the judgment obligor or his authorized
representative.
Exception:
Otherwise directed by the
judgment or order of the court.
How real property consisting of
several known lots is sold on
execution?
The real property must be sold
separately.
*When a portion of such real
property is claimed by a 3rd
person, he may require it to
be sold separately.
How personal property capable of
manual delivery is sold on
execution?
It must be sold within the view of
those attending the same and in such
parcels as are likely to bring the highest
price.
What is the order in which the
property shall be sold?
If present at the sale, the
judgment obligor may direct the order
in which the property, real personal,
shall be sold.
Can the officer conducting the sale
become a purchaser?
No. The officer conducting the
execution sale nor his deputies can
become a purchaser, nor be interested
directly or indirectly in any purchase at
such sale.
See Article 1491 of the Civil Code who
are disqualified to participate in a
public sale.
Section 20 Effect of the refusal of
the purchaser to pay.
If a purchaser refuses to pay the
amount bid by him for property struck
off to him at a sale under execution, the
officer may again sell the property to
the highest bidder.
*The officer may thereafter
reject any subsequent bid
of such purchaser who
refuses to pay.
Section 21 Judgment obligee as
purchaser.
When the purchaser is the
judgment obligee, and no 3rd part
complaint has been filed, he need not
pay the amount bid if it does not exceed
the amount of judgment.
*If it does, he shall pay only
the excess.
Section 22 Adjournment of sale.
Section 23 Conveyance to
purchaser of personal property
capable of manual delivery.
When the purchaser of any
personal property, capable of manual
delivery, pays the purchase price, the
 Legendary Notes
officer making the sale must deliver to
him a certificate of sale.
*The sale conveys to the
purchase all the rights which
the judgment obligor had in
such property as of the date
of LEVY on execution or
PRELIMINARY ATTACH-
MENT.
Section 24 Conveyance to
purchaser of personal property not
capable.
When the purchaser of any
property, not capable of manual
delivery, pays the purchase price, the
officer making the sale must execute
and deliver to the purchaser a
certificate of sale.
*Such certificate conveys to
the purchaser all the rights
which the judgment obligor
had in such property as of
the date of the LEVY on
execution or PRELIMINARY
ATTACH- MENT.
Section 25 Conveyance to
purchaser of real property.
Upon a sale of real property, the
officer must give to the purchaser a
certificate of sale containing:
i. A particular description of
the real property sold;
ii. The price paid for each
distinct lot or parcel;
iii. The whole price paid by him;
iv. A statement that the right of
redemption expires 1 year
FROM the date of the
registration of the certificate
of title.
Such certificate must be registered in
the registry of deeds of the place where
the property is situated.
*If not registered, the period for
redemption does not run.
Section 26 Certificate of sale where
property is claimed by 3rd person.
When a property sold by virtue of
a writ of execution has been claimed by
a 3rd person, the certificate if sale to be
issued by the sheriff shall make an
express mention of the existence of
such 3rd party claim.
Section 27 Who may redeem real
property so sold.
The following may redeem the real
property sold:
i. The judgment obligor, or his
successor in interest of the
property, in whole or in part;
OR
ii. Redemptioner (Redeeming
creditor).
*A creditor having a lien by
virtue of an attachment,
judgment or mortgage on the
property sold, or on some
part thereof, subsequent to
the lien under which the
property was sold.
 Legendary Notes
Section 28 Redemption. (Revise) What is the duty of the person to
whom the redemption payment was
When to redeem the property sold on made?
execution? He must execute and deliver to the
The judgment obligor or judgment obligor a certificate of
redemptioner may redeem the property redemption acknowledged before a
from the purchaser within 1 year FROM notary public or other officer authorized
the date of registration of the certificate to take acknowledgements of
of sale. conveyance or real property.

How he may redeem the property? Such certificate may be filed and
He may redeem by paying the recorded in the registry of deeds of the
purchaser the amount of his purchase place in which the property is situated.
with one per centum per month interest
up to the time of redemption. To whom payment of redemption is
made?
After the property is redeemed, can It may be made to:
it be redeemed again?
It depends. i. The purchaser;
ii. The redemptioner; OR
i. If it is the judgment obligor iii. The officer who made the
who redeems, no further sale.
redemption is allowed.
ii. If it is the redemptioner who Section 30 Proof required of
redeems, a second redemptioner.
redemption is allowed.
A redemptioner must produce to
*The second redemptioner the officer or person from whom he
has 60 days after the first seeks to redeem:
redemption to redeem; the i. A copy of the judgment or
third redemptioner has 60 order under which he claims
days after the second, and so the right to redeem; OR
on. ii. If he redeems upon a
Section 29 Effect of redemption. mortgage or other lien, a
memorandum of record
If the judgment obligor redeems, thereof, or an original or
he must make the redemption payment certified copy of any
to effect a redemption by a assignment necessary to
redemptioner. No further redemption establish his claim, and an
shall be allowed and the judgment affidavit executed by him or
obligor is restored to his estate. his agent showing the
amount then actually due on
the lien.
 Legendary Notes
Section 31 Manner of using
premises pending action.
Until the expiration of the time
allowed for redemption, the court may
restrain the commission of waste on the
property by injunction on application of
the purchaser or the judgment obligee.
However, during the period of
redemption, it is not waste for a person
in possession of the property at the
time of the sale or entitled to possession
afterwards to continue to:
i. Use it in the same manner in
which it was previously used;
ii. Use it in the ordinary course
of husbandry; OR
iii. Make the necessary repairs
to buildings thereon while he
occupies the property.
Section 32 Civil fruits pending
redemption.
Who is entitled to the civil fruits of
the property pending redemption?
All rents, earnings, or income
derived from the property pending
redemption shall belong to the
judgment obligor until expiration of his
period of redemption.
The purchaser or a redemptioner
shall not be entitled to receive the
rents, earnings and income of the
property sold on execution, or the value
of the use and occupation thereof when
such property is in the possession of a
tenant.
Section 33 Deed and possession.
When purchaser or redemptioner is
entitled to a deed of conveyance and
possession of the property?
i. If no redemption is made
within 1 year FROM the date
of the registration of the
certificate of sale; OR
ii. If so redeemed, no further
redemption is made within
60 days after the last
redemption.
Who shall execute the deed?
The deed shall be executed by the
officer making the sale or by his
successor in office.
What is the effect of the period of
redemption expires?
i. The purchaser or redemp-
tioner shall be substituted to
and acquire all the rights,
title, interest and claim of the
judgment obligor to the
property AS OF THE TIME
OF THE LEVY.
ii. The possession of the
property shall be given to the
purchaser or last
redemptioner by the same
officer.
*Unless a third party is
actually holding the
property adversely to
the judgment obligor.
Guevarra v. Ramos
Where the land is occupied by a
third party, the court should order a
hearing to determine the nature of his
adverse possession.
 Legendary Notes
Section 34 Recovery of price if sale Section 35 Right to contribution or
is not effective and revival of reimbursement.
judgment.
Section 36 Examination of
When purchase price may be judgment obligor when judgment is
recovered from the judgment unsatisfied.
obligee?
On motion in the same action or When the return of a writ of
in a separate action, the purchaser of execution against the property of the
real property sold on execution or his judgment obligor shows that the
successor in interest may recover from judgment remains unsatisfied, in whole
the judgment obligee the price paid, or in part, the judgment obligor may be
with interest, or so much thereof as has required to appear and be examined
not been delivered to the judgment concerning his property and income
obligor if: before the court which rendered the
judgment or before a commissioner.
i. He fails to recover the
possession thereof; *No judgment obligor shall be
ii. He is evicted therefrom as a required to appear outside
consequence of irregularities the province or city in which
in the proceedings such obligor resides or is
concerning the sale; found.
iii. Judgment has been reversed
or set aside; OR Section 37 Examination of obligor
iv. The party has vindicated his of judgment obligor.
claim to the property.

May the original judgment be revived When court may require the obligor
in favor of the purchaser or his of the judgment obligor to appear be
successor in interest? examined?
Yes. On motion, the original i. When the return of a writ of
judgment may be revived in his name execution against the
for the whole price with interest, or so property of the judgment
much thereof as has been delivered to obligor shows that the
the judgment obligor. judgment remains
unsatisfied, in whole or in
*The judgment so revived part; AND
shall have the same force ii. Upon proof to the court
and effect as an original which issued the writ that a
judgment would have AS OF person has property of such
THE DATE OF THE REVIVAL judgment obligor or is
and no more. indebted to him,
 Legendary Notes
*The examination shall
be held within the
province or city where
such debtor resides or
is found.
The service of the order shall bind all
credits due the judgment obligor and all
money and property of the judgment
obligor in the possession and control of
such person.
How attendance of the judgment
obligor or his obligor may be
compelled so that they may be
examined before the court or a
commissioner?
Attendance may be compelled by
subpoena.
*Failure to obey subpoena, or
to be sworn, or to answer as
a witness or to subscribe his
deposition may be punished
by contempt.
Section 39 Obligor of judgment
obligor may pay execution.
After a writ of execution against
property has been issued, a person
indebted to the judgment obligor may
pay to the sheriff holding the writ of
execution the amount if his debt or so
much thereof as may be necessary to
satisfy the judgment.
*The sheriffs receipt shall be
a sufficient discharge for the
amount so paid or directed to
be credited by the judgment
oblige on the execution.
Section 40 Order for application of
property and income to satisfaction
of judgment.
The court may order any property
of the judgment obligor, or money due
him, not exempt from execution, in the
hands of either himself or another
person to be applied to the satisfaction
of the judgment.
*This rule is not applicable if
it appears that the earnings
of the judgment obligor are
not enough for the support of
his family.
Section 41 Appointment of receiver.
Section 42 Sale of ascertainable
interest.
The receiver may be ordered to sell
and convey such real estate or the
interest of the obligor therein.
Section 43 Proceedings where
indebtedness denied or another person
claims the property.
If it appears that a person alleged
to have property of the judgment obligor
or to be indebted to him claims an
interest in the property adverse to him
or denies the debt, the court may
authorize, by order, the judgement
obligee
i. To institute an action against
such person recovery of such
interest or debt;
ii. Forbid a transfer or other
disposition of such interest
 Legendary Notes
or debt within 120 days
FROM notice of the order.

Disobedience of such order may be

punished by contempt.

Section 47 Effect of judgment or

final orders.

i.