Execution/Satisfaction of Judgment

Gen Prov. (1-14)

Motion for Execution; Court cannot motu proprio issue of Writ of Execution;

When is execution a matter of Right;

When Final & Executory

When is Discretionary Execution/Execution Pending Appeal

There must be good reason;

Revival of Judgment upon independent Action:

By motion - Within a period of 5 years from entry of judgment

Ex. June 1, 2007 (entry of judgment) June 1, 2012 you can file a motion for execution

After 5 years but before the expiration of 10 years, you can file Independent action for revival of
judgment. If granted by court, and becomes final and executory, Upon entry of judgment of the revived
judgment you can file within 5 years, motion for execution;

After 5 years, from the entry of the revived judgment, you have 10 years from the entry of the revived
judgment , you can file action for revival of judgment

Sale of Levied Property (15-34)

Perishable Goods Personal Property Real Property

Notice of Sale Notice to Public Notice to Public Notice to Public (if more
than 50K publication)
No need for notice to Notice to obligor
obligor Notice to obligor
Certificate of Sale Not mandatory, only if Not capable of delivery CoS is mandatory; It will be
requested CoS is mandatory registered
Redemption No redemption period No redemption period With redemption period (1
year from registration);
No further redemption
During Redemption, No redemption period No redemption period Obligor
who will be in
possession?
Profits and Rents Obligor
He cannot chnge the nature
of the property during the
redemption period.
Third Party Claim Terceria

Filing of Affidavit to Sheriff and Judgment Obligee suspends the execution over that particular property

Remedy of J. Obligee is to file bond to proceed with the execution

Remedies Available for Satisfaction of Judgment (35-43)

Sec. 40

Debtors of J. Obligor may pay directly to Sheriff

Payment on Amortization Basis

Sec. 41

Receivership

Sec. 42

Satisfaction of Judgment (44-45)

Sec. 45

Effect of Judgment (47-48)

Sec. 47

Conclusive as to title, Relationship

Res Judicata Total bar

Conclusiveness of Judgment Preclusion of Issue; a bar to a particular issue

Appeal

Rule 40
 Ordinary Appeal Petition for Review
Rule 40 Rule 41 Rule 42
MTC to RTC RTC (original RTC
jurisdiction) - (appelate
CA jurisdiction)
to CA
How Filing Notice of
Appeal

Record of Appeal
(Compilation of
all pleadings filed
in court) in case
of Spec Pro or
cases with
multiple appeal

Procedure Filing of Filling

Memorandum to Appellants
RTC Brief (45 days)
Appellees Brief
(45 days)
Reply (20 days)
(Rule 44)

When Notice of Appeal

- Within 15 days
from receipt of
decision
Record of Appeal
- Within 30 days
from receipt of
decision
Remedy No extention as
to period to file
appeal, but If MR
has been filed,
and denied, you
have fresh 15
days to file
appeal from the
notice of denial
of MR (Neypes
Doctrine)
Promulgation of Judgment in the Appellate Court under Rule 51

Rule 46-56

CA SC
Original Cases Certiorari, Mandamus, Certiorari, Mandamus,
Prohibition, Prohibition,

Appeal to Rules 41, 42, 44, 43 Rule 45
Annulment of Judgment Annulment by CA of judgments No Annulment of Judgment
or final orders and resolutions in
civil action of RTC
The only instance that CA will
issue summons
Preliminary Conference Equivalent of Pre-Trial; If Yes,
appellan t is absent during P.C.,
appeal will be dismissed.
Oral Argument Yes Yes
Notice of Hearing No need No need
Rule 51 Judgment Division 3- Unnanimous voted
must obtain
Division of 5 Majority

Rule 52 Motion for
Reconsideration
Rule 53: Motion for New Trial
Rule 54: Publication
Rule 55
Rule 56
Decision of CA is promulgated
15 days cannot be extended Yes
Resolution of Judgment: 90 days
Resolution of Judgment of MR
of Trial Court : 30 days
Only Ground: Newly Discovered None
Evidence
You could file MNT from the
time appeal is perfected and as
long as CA has jurisdiction
Court of Appeal Report Philippine Reports