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the case. So, how can it still issue orders in that case when
actually, once the judgment becomes final and executory,
the trial court loses jurisdiction over the case and it can no
longer act in that case?
A: What is meant by that statement is that, the court can
no longer change the judgment. That is why new trial and
reconsideration is not anymore available in this stage. The
judgment is beyond the power of the court to change or
alter.
BUT definitely the court can act on that case for the
purpose of enforcing its judgment because it is absurd to
claim that a trial court has the power to try and hear a case
but once the judgment has already become final, it has no
more power to enforce it. If you will really describe
jurisdiction in its complete aspect, we can say jurisdiction is
the power of the court to act on the case, to try, to decide
and to enforce its judgment.
That would be more
complete.
Because enforcement is part of the court's
jurisdiction.
Q: Against whom shall the execution issue?
A: Generally, execution can issue only against a (losing)
party to the case and not against one who is a complete
stranger because majority of judgments are in personam.
They are only enforceable against the parties themselves or
their successors-in-interest people who derive their rights
from him. And a judgement can never be enforced against a
complete stranger who never had his day in court.
(Cruzcosa vs. Concepcion, 101 Phil. 146; Castaeda vs. De
Leon, 55 O.G. 625, Jan. 26, 1959; Bacolod vs. Enriquez, 55
O.G. 10545, Dec. 21, 1959)
Q: What portion in the decision is normally the subject of
execution ?
A: It is the dispositive portion the WHEREFORE
that is going to be enforced. (Robles vs. Timario, 58 O.G.
1507, Feb. 19, 1962)
CLASSES OF EXECUTION
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As to their nature:
1.) COMPULSORY execution known as
Execution as a Matter of Right (Section 1)
2.) DISCRETIONARY execution known as
Execution Pending Appeal (Section 2)
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EXECUTION BY MOTION
EXECUTION BY INDEPENDENT ACTION
Sec. 6. Execution by motion or by
independent action. - A final and
executory judgment or order may be
executed on motion within five (5)
years from the date of its entry. After
the lapse of such time, and before it
is
barred
by
the
statute
of
limitations, a judgment may be enforced
by action. The revived judgment may
also be enforced by motion within five
(5) years from the date of its entry
and thereafter by action before it is
barred by the statute of limitations.
(6a)
Q: How do you execute a judgment?
A: You file a motion for execution before the same court
which rendered the judgment.
Q: How is the execution enforced?
A: There are two 2 modes under Section 6:
1.) Execution by motion within five (5) years from
the date of its entry; and
2.) Execution by independent action within five (5)
to ten (10) years.
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1990
1995
5 years
by motion
10 years
Article 1144, Civil Code
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5 years
by independent
action
2005
2010
5 years
by motion
10 years
last sentence of Section 6
17
by
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(d)
His necessary clothing and
articles for ordinary personal use,
excluding jewelry;
You cannot levy on the debtors wardrobe. These are
articles for ordinary personal use. This article excludes
jewelry. Alahas, pwede i-levy. All other things for basic
needs are exempt, like personal comb, toothbrush, etc.
(e) Household furniture and utensils
necessary for housekeeping, and used
for that purpose by the judgment
obligor and his family, such as the
judgment obligor may select, of a value
not exceeding one hundred thousand
pesos;
Household furniture like dining table, dining chair, sala
set, utensils necessary for housekeeping and used for the
purpose by the obligor and his family like plates, forks,
spoons. How can you eat without those utensils. BUT theres
a limit that the value does not exceed P100,000. If the value
exceeds, it can be levied.
There was a sheriff who asked me (Dean I). According to
him, he was enforcing a money judgment. The sheriff went
to the house of the debtor. He took the stereo, TV set,
refrigerator. Defendant said, Hindi pwede dahil hindi pa
umabot ng P100,000. Sabi ko, you look at the law: You
cannot levy those furnitures if not exceeding P100,000. In
my (Deans) view, covered yan. But utensils not necessarily
for living are not covered by the exemption. They are luxury,
not necessary. These TV, sala set, refrigerator can be levied
because they are not necessary for living as contrasted to
kutsara, plato, etc. (Dean however refused to answer the
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Lettered gravestones;
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Properties specially
exempted by law.
But
no
article
or
species
of
property mentioned in this section
shall be exempt from execution issued
upon a judgment recovered for its price
or upon a judgment of foreclosure of a
mortgage thereon. (12a)
The same thing with FAMILY HOME. For example, you will
build a family home and then, hindi mo binayaran ang
materials, labor and there was judgment against you. The
creditor and the owner can levy on the house. He cannot
claim exemption because the debt arose out of that same
family home.
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execution
(26a)
or
preliminary
attachment.
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EMPTOR let the buyer beware. That is the thing you have
to remember about action sale.
Sec.
25.
Conveyance
of
real
property; certificate thereof given to
purchaser and filed with registry of
deeds. Upon a sale of real property,
the officer must give to the purchaser
a certificate of sale containing:
(a) A particular description of the
real property sold;
(b) The price paid for each distinct
lot or parcel;
(c) The whole price paid by him;
(d) A statement that the right of
redemption expires one (1) year from
the date of the registration of the
certificate of sale.
Such certificate must be registered
in the registry of deeds of the place
where the property is situated. (27a)
If the property sold at public auction is a piece of land
(real property), the sheriff will execute in your favor what is
known as the sheriffs CERTIFICATE OF SALE. Anong
nakalagay diyan? It is practically what a normal deed of sale
provides the description of the land, the property sold, the
whole price paid, the lot if there are different parcels, how
much per parcel.
The important paragraph is [d]: A statement that the
right of redemption expires one (1) year from the date of
the registration of the certificate of sale.
Q: What is the main difference between a sale of
personal property under Section 23 and sale of real property
under Section 25?
A: When the property sold at public auction is real
property, the debtor has one (1) year to redeem the
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ikaw ang kawawa because the longer you delay it, the
redemption period is being stretched. Instead of cutting
after one year, period of redemption has not been cut off
kaya there must be a registration.
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REDEMPTIONER
Q: Define redemptioner.
A: A redemptioner is 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.
ILLUSTRATION: Suppose there is a title owned by X and
he has four (4) creditors. Lets say the property is worth P10
million and he owes A for P2 million. So A levied the
property. Now theres another judgment in favor of B and
there is no other property, ito na lang. So ang ginawa ni B,
tinatakan niya another P2 million.
Under the Law on Land Titles and Deeds, B has inferior
rights. In other words, the right of A is superior to the right
of B. A has no obligation to respect the right of B but B is
obliged to respect the right of A. And Assuming that there is
a third creditor C for another P2 million. Thus,
subsequent holder din si C. If D is also a creditor, apat na
sila.
Of course, the right of A is superior. He levies the
property, may one year to redeem. Sabi ni X, Wala na
akong property, so ano pang pakialam ko kay B? Suppose X
will not redeem, so A becomes the owner after one year.
What happens to B, C and D? Bura lahat kayo because you
are underneath. A has no obligation to respect your liens.
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Under the OLD rules, the 1964 Rules, during the oneyear period to redeem, the debtor/defendant continues to
get the income of the property but when the creditor may
opt: Your Honor, akin ang income ha? Thats allowed by
the old law. But everything is deductible also form the
redemption price. NGAYON wala na yan. 100% the debtor is
the one enjoying the income over the property. That is a
major amendment introduced by the 1997 Rules.
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RES ADJUDICATA
And finally, the most important section in Rule 39 is
Section 47 effect of judgment or final order. This is what
we call the principle of res adjudicata.
Sec. 47. Effect of judgments or
final orders. The effect of a judgment
or final order rendered by a court of
the Philippines, having jurisdiction to
pronounce the judgment or final order,
may be as follows:
(a) In case of a judgment or final
order against a specific thing, or in
respect to the probate of a will, or
the administration of the estate of a
deceased person, or in respect to the
personal, political, or legal condition
or status of a particular person or his
relationship to another, the judgment
or final order is conclusive upon the
title to the thing, the will or
administration,
or
the
condition,
status or relationship of the person;
however, the probate of a will or
granting of letters of administration
shall only be prima facie evidence of
the death of the testator or intestate;
(b) In other cases, the judgment or
final order is, with respect to the
matter directly adjudged or as to any
other matter that could have been
raised in relation thereto, conclusive
between
the
parties
and
their
successors
in
interest
by
title
subsequent to the commencement of the
action
or
special
proceeding,
litigating for the same thing and under
the same title and in the same
capacity; and
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-oOo-
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