RULE 39 1.
There must be a motion for execution to be filed by the prevailing party,
Executions – process of enforcing a final judgment or a final final order
Classified as to the manner it can be obtained:
1. Mandatory execution – it is only mandatory because if the judgment is
indeed already final, and there is no impediment then the granting of the
writ is obligatory, which can be forced by mandamus
2. Discretionary execution (execution pending appeal) – the judgment being
executed has not yet attained finality; as a matter of fact, it is in the
process of an appeal; there is only one justification – good reasons
a. What is good reasons? Taken on a case to case basis.
b. Moral and exemplary damages CANNOT be executed.
How:
- By motion
- By action
o Petition for revival of action
o Five year period to do it by motion has expired
o Revival of judgment should be filed after expiration of 5 year
period, but before 10 year period has expired
When a writ of execution is issued for the enforcement of a decision that has not
yet attained finality, is there any remedy of the other party to stay that execution?
- File/post a supersedeas bond
- It shall answer for any damage that the prevailing party may suffer in
consequence of the staying of the execution
Decisions that can be executed:
- Final judgment or final final order
- EXCEPTIONS:
- IMMEDIATELY EXECUTORY:
o Injunction
o Receivership
o Support
o Accounting
o Forcible entry/unlawful detainer
o Judgment of compromise
o Judgment rendered by the CA on decisions of quasi-judicial
agencies
 It can be executed despite an appeal as in the nature of
execution pending appeal
Different steps/stages in the execution of final judgment or final final order:
serving a copy thereof on the adverse party
2. There must be a hearing – this is indispensable in acting upon the motion
for execution
a. What for, when it is a matter of right? Because there are a
number of objections for a writ of execution
i. For example, a decision was questioned because of
jurisdiction. Or, right to appeal can be questioned.
b. The hearing is summary in nature, as a general rule.
3. Court grants the motion
a. The Court issues an order, directing the clerk of court to issue a
writ of execution
b. Clerk will prepare the injuction, copying therein the dispositive
part of the decision, note that the writ of execution is addressed
to the sheriff (“you are hereby directed…”
i. The writ cannot go beyond the dispositive portion of the
decision.
c. Upon the receipt of the writ, the Sheriff e
Different kinds of judgment
 PAYMENT OF SUM OF MONEY/DAMAGES
i. IF IT IS A MONEY MATTER, the sheriff goes to the
defendant and serves upon him the writ of execution and
gives the judgment obligor 3 days to pay in cash the
amount therein. OR, in a reasonable period fixed by the
sheriff. If within that period he fails or refuses to pay, then
the Court will look for properties of the defendant and
when comes upon one or several, he LEVIES on execution
those properties.
ii. Effect of levy on execution: it means that the property is
under custodial egis, and it cannot be subject of a
transaction by the obligor. All transaction with regard to
the party must be with leave of court.
a. LEVY – is the process of putting the
property under custodial egis by the
sheriff
b. LIEN – is what results from the LEVY;
the LEVY therefore creates a LIEN on
the property in favor of the judgment
oblige.
If the obligor pays after the property is
already advertised for sale, no problem.
iii. Advertise the sale of public auction, giving the obligor
notice thereof. It is posted in 3 different public places in
 the municipality or city and a copy thereof is published in
a newspaper of general circulation.
iv. ON the day of the auction sale, the sheriff will preside,
and he will accept bids from different persons. Both
obligor, oblige or any person can put up a bid.
v. Finally, awarded to the highest bidder.
vi. Sheriff will execute a certificate of sale in favor of the
buyer and that certificate will be registered with the
Register of Deeds and if within one year from the
registration, no redemption has been effected, then a
motion for consolidation of sale must be filed.
vii. Then, the buyer will be entitled to the property.
viii. The buyer in the auction can only become the owner of
the property upon confirmation of the court and
registration in the RD.
- Recovery of real property
i. There should be a symbolic delivery of the property.
ii. If the judgment is a special judgment
 Judgment that compels the defendant to do
something in relation to the
a. EXAMPLE: Compelled to execute a
deed of sale over the land
iii. How does the sheriff impose that judgment?
iv. If the judgment debtor fails to do it, he will be held in
contempt of court.
1. But one jurisprudence said that contempt is not
a proper remedy. Should be an auction.
- REDEMPTION – it is a process by which, parties or persons identified by law,
can exercise a right to buy the property sold at public auction, from the
buyer at the auction
o Who are redemptioners?
 Don’t include obligor, he is not a redemptioner but he can
redeem,
 All the lien holders of whatever nature, SUBSEQUENT to
the levy in execution
 A property levied upon can still be the subject of
mortgage, or that property can still be subject of the
judgment of the court. But it will be subsequent. These
are called inferior lien holders.
 If a redemptioner redeems from another redemptioner,
the period is 60 days.
o Who can redeem?
 Include the obligor.
o Period: one year from the registration of the certificate of sale.
- FOREIGN JUDGMENTS
o Q: Are they recognized here?
o There is a way to do that:
 File an action in the proper RTC, petition for recognition
and enforcement of a foreign judgment.
o The Foreign Court that rendered the judgment must have
jurisdiction over
o Once filed in court, the Philippine court is governed by the ff rules:
 If the judgment pertains to money matters, enforcement
of rights, recognition of status, the Rule says that the
judgment, if recognized by the Philippine Court, is
CONCLUSIVE as to those status, title and rights
pronounced.
 In all other cases, the foreign judgment gives rise to a
presumption of evidence or PRIMA FACIE, of what is
provided in the judgment
 FOREIGN DIVORCE?
 NO
 However there is a provision in the FC that
implies that sort of recognition, when a foreign
spouse acquires a foreign divorce abroad where
the foreign spouse is allowed to remarry, it can
be allowed.
RULE 45
WHAT ARE MATTERS THAT FALL UNDER THE APPEALLATE JURISDICITON OF THE SC:
1. Decisions of lower court that pertains to the constitutionality of a law, EO etc
2. Decision pertaining to the constitutionality of any tax, assessment, toll
3. Decisions of lower courts pertaining to jurisdiction of lower courts
4. Decisions of lower courts appealed on pure questions of law
5. Decisions of lower courts in criminal cases, when the imposable penalty is
reclusion perpetua and above
NOTE:
- Mode of appeal of the first four mentioned, is by petition for review on
certiorari. In the last one, the appeal is by
- All decisions of the CA, SB, CTA go to the SC by way of Rule 45
- The most important matter that distinguishes this from other modes of
appeal: THE SC considers only QUESTIONS OF LAW
o The CA is final arbiter of questions of fact
 o Unfortunately, there are 11 exceptions to this.
- Q of FACT: Truth or falsity of an allegation in a pleading; when resolving a
question, you need evidence
- Q of LAW: resolving an issue without consulting the evidence
o What is the law?
o How do you interpret the law?
o What is the law on the given established facts?
- When a decisions of a lower court is appealed on pure questions of law,
proper mode is Rule 45. (the same is true for the jurisdiction)
o QUALIFICATION, insofar as the jurisdiction of the court is
concerned – even if the Q is on jurisdiction, if the SC is required to
review the evidence in order to decide the issue on jurisdiction, the
Court will not act upon the case. It will either dismiss or remand the
case to the CA.
Annulment of Judgment RULE 47
- Generally, it applies only on decisions of the RTC, but the provisions
thereof are applicable to annulment of judgment of MTC (in the last
section of rule 47)
- Note, what is sought to be annulled is a final judgment
o We have a doctrine, IMMUTABILITY OF FINAL JUDGMENT
 What does this mean?
 Once a judgment attains finality, it can no longer be
revised, amended, corrected, supplemented, etc.
o But here is a final remedy – ANNULMENT OF JUDGMENT
UNDER RULE 47
- Grounds:
o Lack of jurisdiction over the subject matter
o Extrinsic fraud (fraud outside the proceedings in court)-
 EXAMPLE: binayaran yung judge; other party has been
deprived of his day in court because of machinations
conducted by the prevailing party
 But IF the prevailing party presented perjured
documents, it is INTRINSIC FRAUD
o When there is a patent violation of the right to due process of law
of the party
1. Petition
2. When there is a determination that a ground for annulment is there; what
is important to remember is, it is the last or ultimate remedy
a. Filing it in the same court is allowed (sabi nya)
b. A judgment becomes final. Can the adverse party file a motion on
the same court to declare the decision as void? The rules do not
prohibit that. Remember, that a void judgment in legal
contemplation, is no judgment at all.
c. The rule the
RULE 56
- Composition of the Court: 15 members, 1 CJ and 14 AJ, divided into 3
divisions of 5 members each
- There are two kinds of cases:
o Division and En banc
o En banc cases are the ones involving constitutional questions,
transcendental importance, first impression.
o All the rest are division cases.
o Therefore, all cases after the raffle go to the office of the clerk of
court and the lawyers there classify the cases.
- Decisions
o Ordinary – there is a ponente
o Per curiam – there is no ponente because in legal contemplation,
a per curiam decision is a decision written by all the justices
1. Case is raffled to a justice and the records of that case is delivered to the
division to which that justce is assigned
2. That justice who got the case, as a result of the raffle, is called MEMBER IN
CHARGE, because he is the justice that takes care of the case until it is
ready for decision. When the case is ready for decision, he prepares a
report containing the summary of the facts, issues involved, the applicable
laws, contention of both sides, are all outlined thereon. It is submitted to
the members of the division 5 days before the scheduled deliberation.
During the deliberation, no one except the members of the division is
allowed to enter the deliberation room. If they arrive at a vote, and there
are 3 or 4 approve, the Chairman will appoint a ponente.
a. Why is the MIC not the ponente? Because theoretically, there are
expertise of individual justices. Example, Constitutionalists.
Normally, if the report is unanimously approved, then the MIC will be the
ponente…
3. The MIC prepares all the resolutions to resolve these incidental matters, all
signed by the members of the division.
4. The vote must be 3 of 5.
a. Let us assume that in the deliberations conducted,
1. Rollo – original records of the case (this is kept in the office of the Chief
Justice; all the other justices receive only copies of the rollo; when you file
a case, 18 copies are filed)
a. FOR CA – expedients
b. RTC - reccords
2. Fallo -
3. Signed resolution – bearning the signatures of the members of the
division.
4. Unsigned resolution – pertains to interlocutory matters. During
deliberation of the decision on interlocutory matters, the chairman of the
division writes down the minutes and he writes it on the agenda. Every
member is given a copy of the agenda and the chairman will write on the
marginal notes, the results of the agenda. After the deliberation, the
agenda containing the notes of the chairman pertaining to the final
resolution of the division is given to the division clerk of court and s/he
makes a notice containing the resolution of a particular incident, copying
the notes of the chairperson embodying the resolution. Therefore, the
copy of this issuance, you do not see. Only the division clerk of court signs
a. Therefore, these are resolutions which are based upon the notes
on the deliberation made by the chairman.
5. Minute resolution – resolutions on the disposition of a case on technical
grounds. If the Court at first instance determines that there is no merit or
only intended to delay the merits, or it raises unsubstantial issues then the
SC in a minute decision (one or two sentences) denies it.
6. Different opinion
7. Majority opinion – opinion of the majority; (3 for division, 8 for en banc)
8. Dissenting – opinion of one member of the division or the banc, opposing
the decision of the majority.
a. If there is a dissent, there is a redeliberation. If the majority
sustains, then a ponente is appointed to write the decision.
b. Dissenting opinion cited as majority – a lawyer was fined 20k for
deceiving the court
9. Separate Concurring – opinion that agrees with the conclusion of the
majorty. “In addition to”
10. Concurrence as to the result – justice agrees with the conclusion but
disagrees with the entire reasoning