RULE 30
TRIAL
Section 1. Notice of trial.
Upon entry of
a case in the trial calendar, the clerk shall notify the parties of the date of
its trial in such manner as shall ensure his receipt of that notice at least
five (5) days before such date.
Sec. 2. Adjournments and postponements.
A court may
adjourn a trial from day to day, and to any stated time, as the expeditious and
convenient transaction of business may require, but shall have no power to
adjourn a trial for a longer period than one month for each adjournment, nor
more than three months in all, except when authorized in writing by the Court
Administrator, Supreme Court.
Sec. 3. Requisites of motion to postpone trial for absence of evidence.
A motion to
postpone a trial on the ground of absence of evidence can be granted only upon
affidavit showing the materiality or relevancy of such evidence, and that due
diligence has been used to procure it. But if the adverse party admits the
facts to be given in evidence, even if he objects or reserves the right to
their admissibility, the trial shall not be postponed.
Sec. 4. Requisites of motion to postpone trial for illness of party or counsel.
A motion to
postpone a trial on the ground of illness of a party or counsel may be granted
if it appears upon affidavit or sworn certification that the presence of such
party or counsel at the trial is indispensable and that the character of his
illness is such as to render his non-attendance excusable.
Sec. 5. Order of trial.
Subject to the
provisions of section 2 of Rule 31, and unless the court for special reasons
otherwise directs, the trial shall be limited to the issues stated in the
pre-trial order and shall proceed as follows:
(a) The
plaintiff shall adduce evidence in support of his complaint;
(b) The defendant shall then adduce
evidence in support of his defense, counterclaim, cross-claim and third-party
complaint;
(c) The third-party defendant, if any,
shall adduce evidence of his defense, counterclaim, cross-claim and
fourth-party complaint;
(d) The fourth-party, and so forth, if
any, shall adduce evidence of the material facts pleaded by them;
(e) The parties against whom any
counterclaim or cross-claim has been pleaded, shall adduce evidence in support
of their defense, in the order to be prescribed by the court;
(f) The parties may then respectively
adduce rebutting evidence only, unless the court, for good reasons and in the
furtherance of justice, permits them to adduce evidence upon their original
case; and
(g) Upon admission of the evidence,
the case shall be deemed submitted for decision, unless the court directs the
parties to argue or to submit their respective memoranda or any further
pleadings.
If several
defendants or third-party defendants, and so forth, having separate defenses
appear by different counsel, the court shall determine the relative order of
presentation of their evidence.
Sec. 6. Agreed statement of facts.
The parties to
any action may agree, in writing, upon the facts involved in the litigation,
and submit the case for judgment on the facts agreed upon, without the
introduction of evidence.
If the parties agree only on some of
the facts in issue, the trial shall be held as to the disputed facts in such
order as the court shall prescribe.
Sec. 7. Statement of judge.
During the
hearing or trial of a case any statement made by the judge with reference to
the case, or to any of the parties, witnesses or counsel, shall be made of
record in the stenographic notes.
Sec. 8. Suspension of actions.
The suspension
of actions shall be governed by the provisions of the Civil Code.
Sec. 9. Judge to receive evidence; delegation to clerk of court.
The judge of
the court where the case is pending shall personally receive the evidence to be
adduced by the parties. However, in default or ex parte hearings, and in any
case where the parties agree in writing, the court may delegate the reception
of evidence to its clerk of court who is a member of the bar. The clerk of
court shall have no power to rule on objections to any question or to the admission
of exhibits, which objections shall be resolved by the court upon submission of
his report and the transcripts within ten (10) days from termination of the
hearing.
CONSOLIDATION
OR SEVERANCE
Section 1. Consolidation.
When actions
involving a common question of law or fact are pending before the court, it may
order a joint hearing or trial of any or all the matters in issue in the
actions; it may order all the actions consolidated; and it may make such orders
concerning proceedings therein as may tend to avoid unnecessary costs or delay.
Sec. 2. Separate trials.
The court, in
furtherance of convenience or to avoid prejudice, may order a separate trial of
any claim, cross-claim, counterclaim, or third-party complaint, or of any separate
issue or of any number of claims, cross-claims, counterclaims, third-party
complaints or issues.
TRIAL BY
COMMISSIONER
Section 1. Reference by consent.
By written
consent of both parties, the court may order any or all of the issues in a case
to be referred to a commissioner to be agreed upon by the parties or to be
appointed by the court. As used in these Rules, the word
"commissioner" includes a referee, an auditor and an examiner.
Sec. 2. Reference ordered on motion.
When the
parties do not consent, the court may, upon the application of either or of its
own motion, direct a reference to a commissioner in the following cases:
(a) When the
trial of an issue of fact requires the examination of a long account on either
side, in which case the commissioner may be directed to hear and report upon
the whole issue or any specific question involved therein;
(b) When the taking of an account is
necessary for the information of the court before judgment, or for carrying a
judgment or order into effect;
(c) When a question of fact, other
than upon the pleadings, arises upon motion or otherwise, in any stage of a
case, or for carrying a judgment or order into effect.
Sec. 3. Order of reference; powers of
the commissioner.
When a
reference is made, the clerk shall forthwith furnish the commissioner with a
copy of the order of reference. The order may specify or limit the powers of
the commissioner, and may direct him to report only upon particular issues, or
to do or perform particular acts, or to receive and report evidence only, and
may fix the date for beginning and closing the hearings and for the filing of
his report. Subject to the specifications and limitations stated in the order,
the commissioner has and shall exercise the power to regulate the proceedings
in every hearing before him and to do all acts and take all measures necessary
or proper for the efficient performance of his duties under the order. He may
issue subpoenas and subpoenas duces tecum, swear witnesses, and unless
otherwise provided in the order of reference, he may rule upon the
admissibility of evidence. The trial or hearing before him shall proceed in all
respects as it would if held before the court.
Sec. 4. Oath of commissioner.
Before entering
upon his duties the commissioner shall be sworn to a faithful and honest
performance thereof.
Sec. 5. Proceedings before commissioner.
Upon receipt
of the order of reference and unless otherwise provided therein, the
commissioner shall forthwith set a time and place for the first meeting of the
parties or their counsel to be held within ten (l0) days after the date of the
order of reference and shall notify the parties or their counsel.
Sec. 6. Failure of parties to appear before commissioner.
If a party
fails to appear at the time and place appointed, the commissioner may proceed
ex parte or, in his discretion, adjourn the proceedings to a future day, giving
notice to the absent party or his counsel of the adjournment.
Sec. 7. Refusal of witness.
The refusal of
a witness to obey a subpoena issued by the commissioner or to give evidence
before him, shall be deemed a contempt of the court which appointed the
commissioner.
Sec. 8. Commissioner shall avoid delays.
It is the duty
of the commissioner to proceed with all reasonable diligence. Either party, on
notice to the parties and commissioner, may apply to the court for an order
requiring the commissioner to expedite the proceedings and to make his report.
Sec. 9. Report of commissioner.
Upon the
completion of the trial or hearing or proceeding before the commissioner, he
shall file with the court his report in writing upon the matters submitted to
him by the order of reference. When his powers are not specified or limited, he
shall set forth his findings of fact and conclusions of law in his report. He
shall attach thereto all exhibits, affidavits, depositions, papers and the
transcript, if any, of the testimonial evidence presented before him.
Sec. 10. Notice to parties of the filing of report.
Upon the
filing of the report, the parties shall be notified by the clerk, and they
shall be allowed ten (l0) days within which to signify grounds of objections to
the findings of the report, if they so desire. Objections to the report based
upon grounds which were available to the parties during the proceedings before
the commissioner, other than objections to the findings and conclusions therein
set forth, shall not be considered by the court unless they were made before the
commissioner.
Sec. 11. Hearing upon report.
Upon the
expiration of the period of ten (l0) days referred to in the preceding section,
the report shall be set for hearing, after which the court shall issue an order
adopting, modifying, or rejecting the report in whole or in part, or
recommitting it with instructions, or requiring the parties to present further
evidence before the commissioner or the court.
Sec. 12. Stipulations as to findings.
When the
parties stipulate that a commissioner’s findings of fact shall be final, only
questions of law shall thereafter be considered.
Sec. 13. Compensation of commissioner.
The court
shall allow the commissioner such reasonable compensation as the circumstances
of the case warrant, to be taxed as costs against the defeated party, or
apportioned, as justice requires.
DEMURRER TO
EVIDENCE
Section 1. Demurrer to evidence.
After the
plaintiff has completed the presentation of his evidence, the defendant may
move for dismissal on the ground that upon the facts and the law the plaintiff
has shown no right to relief. If his motion is denied, he shall have the right
to present evidence. If the motion is granted but on appeal the order of
dismissal is reversed he shall be deemed to have waived the right to present
evidence.
JUDGMENT ON
THE PLEADINGS
Section 1. Judgment on the pleadings.
Where an
answer fails to tender an issue, or otherwise admits the material allegations
of the adverse party’s pleading, the court may, on motion of that party, direct
judgment on such pleading. However, in actions for declaration of nullity or
annulment of marriage or for legal separation, the material facts alleged in
the complaint shall always be proved.
SUMMARY
JUDGMENTS
Section 1. Summary judgment for
claimant.
A party
seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a
declaratory relief may, at any time after the pleading in answer thereto has
been served, move with supporting affidavits, depositions or admissions for a
summary judgment in his favor upon all or any part thereof.
Sec. 2. Summary judgment for defending party.
A party
against whom a claim, counterclaim, or cross-claim is asserted or a declaratory
relief is sought may, at any time, move with supporting affidavits, depositions
or admissions for a summary judgment in his favor as to all or any part
thereof.
Sec. 3. Motion and proceedings thereon.
The motion
shall be served at least ten (10) days before the time specified for the
hearing. The adverse party may serve opposing affidavits, depositions, or
admissions at least three (3) days before the hearing. After the hearing, the
judgment sought shall be rendered forthwith if the pleadings, supporting
affidavits, depositions, and admissions on file, show that, except as to the
amount of damages, there is no genuine issue as to any material fact and that
the moving party is entitled to a judgment as a matter of law.
Sec. 4. Case not fully adjudicated on motion.
If on motion
under this Rule, judgment is not rendered upon the whole case or for all the
reliefs sought and a trial is necessary, the court at the hearing of the
motion, by examining the pleadings and the evidence before it and by
interrogating counsel shall ascertain what material facts exist without
substantial controversy and what are actually and in good faith controverted.
It shall thereupon make an order specifying the facts that appear without
substantial controversy, including the extent to which the amount of damages or
other relief is not in controversy, and directing such further proceedings in
the action as are just. The facts so specified shall be deemed established, and
the trial shall be conducted on the controverted facts accordingly.
Sec. 5. Form of affidavits and supporting papers.
Supporting and
opposing affidavits shall be made on personal knowledge, shall set forth such
facts as would be admissible in evidence, and shall show affirmatively that the
affiant is competent to testify to the matters stated therein. Certified true
copies of all papers or parts thereof referred to in the affidavit shall be
attached thereto or served therewith.
Sec. 6. Affidavits in bad faith.
Should it
appear to its satisfaction at any time that any of the affidavits presented
pursuant to this Rule are presented in bad faith, or solely for the purpose of
delay, the court shall forthwith order the offending party or counsel to pay to
the other party the amount of the reasonable expenses which the filing of the
affidavits caused him to incur, including attorney’s fees. It may, after
hearing, further adjudge the offending party or counsel guilty of contempt.
JUDGMENTS,
FINAL ORDERS AND ENTRY THEREOF
Section 1. Rendition of judgments and final
orders.
A judgment or
final order determining the merits of the case shall be in writing personally
and directly prepared by the judge, stating clearly and distinctly the facts
and the law on which it is based, signed by him, and filed with the clerk of
the court.
Sec. 2. Entry of judgments and final orders.
If no appeal
or motion for new trial or reconsideration is filed within the time provided in
these Rules, the judgment or final order shall forthwith be entered by the
clerk in the book of entries of judgments. The date of finality of the judgment
or final order shall be deemed to be the date of its entry. The record shall
contain the dispositive part of the judgment or final order and shall be signed
by the clerk, with a certificate that such judgment or final order has become
final and executory.
Sec. 3. Judgment for or against one or more of several parties.
Judgment may
be given for or against one or more of several plaintiffs, and for or against
one or more of several defendants. When justice so demands, the court may
require the parties on each side to file adversary pleadings as between
themselves and determine their ultimate rights and obligations.
Sec. 4. Several judgments.
In an action
against several defendants, the court may, when a several judgment is proper,
render judgment against one or more of them, leaving the action to proceed
against the others.
Sec. 5. Separate judgments.
When more than
one claim for relief is presented in an action, the court, at any stage, upon a
determination of the issues material to a particular claim and all
counterclaims arising out of the transaction or occurrence which is the subject
matter of the claim, may render a separate judgment disposing of such claim.
The judgment shall terminate the action with respect to the claim so disposed
of and the action shall proceed as to the remaining claims. In case a separate
judgment is rendered, the court by order may stay its enforcement until the
rendition of a subsequent judgment or judgments and may prescribe such
conditions as may be necessary to secure the benefit thereof to the party in
whose favor the judgment is rendered.
Sec. 6. Judgment against entity without juridical personality.
When judgment
is rendered against two or more persons sued as an entity without juridical
personality, the judgment shall set out their individual or proper names, if
known.
NEW TRIAL OR
RECONSIDERATION
Section 1. Grounds of and period for
filing motion for new trial or reconsideration.
Within the
period for taking an appeal, the aggrieved party may move the trial court to
set aside the judgment or final order and grant a new trial for one or more of
the following causes materially affecting the substantial rights of said party:
(a) Fraud,
accident, mistake or excusable negligence which ordinary prudence could not
have guarded against and by reason of which such aggrieved party has probably
been impaired in his rights; or
(b) Newly discovered evidence, which
he could not, with reasonable diligence, have discovered and produced at the
trial, and which if presented would probably alter the result.
Within the
same period, the aggrieved party may also move for reconsideration upon the
grounds that the damages awarded are excessive, that the evidence is
insufficient to justify the decision or final order, or that the decision or
final order is contrary to law.
Sec. 2. Contents of motion for new trial or reconsideration and notice thereof.
The motion
shall be made in writing stating the ground or grounds therefor, a written
notice of which shall be served by the movant on the adverse party.
A motion for new trial shall be proved
in the manner provided for proof of motions. A motion for the cause mentioned
in paragraph (a) of the preceding section shall be supported by affidavits of
merits which may be rebutted by affidavits. A motion for the cause mentioned in
paragraph (b) shall be supported by affidavits of the witnesses by whom such
evidence is expected to be given, or by duly authenticated documents which are
proposed to be introduced in evidence.
A motion for reconsideration shall
point out specifically the findings or conclusions of the judgment or final
order which are not supported by the evidence or which are contrary to law,
making express reference to the testimonial or documentary evidence or to the
provisions of law alleged to be contrary to such findings or conclusions.
A pro forma motion for new trial or
reconsideration shall not toll the reglementary period of appeal.
Sec. 3. Action upon motion for new trial or reconsideration.
The trial
court may set aside the judgment or final order and grant a new trial, upon
such terms as may be just, or may deny the motion. If the court finds that
excessive damages have been awarded or that the judgment or final order is
contrary to the evidence or law, it may amend such judgment or final order
accordingly.
Sec. 4. Resolution of motion.
A motion for
new trial or reconsideration shall be resolved within thirty (30) days from the
time it is submitted for resolution.
Sec. 5. Second motion for new trial.
A motion for
new trial shall include all grounds then available and those not so included
shall be deemed waived. A second motion for new trial, based on a ground not
existing nor available when the first motion was made, may be filed within the
time herein provided excluding the time during which the first motion had been
pending.
No party shall be allowed a second
motion for reconsideration of a judgment or final order.
Sec. 6. Effect of granting of motion for new trial.
If a new trial
is granted in accordance with the provisions of this Rule, the original
judgment or final order shall be vacated, and the action shall stand for trial
de novo; but the recorded evidence taken upon the former trial, in so far as
the same is material and competent to establish the issues, shall be used at
the new trial without retaking the same.
Sec.7. Partial new trial or reconsideration.
If the grounds
for a motion under this Rule appear to the court to affect the issues as to
only a part, or less than all of the matter in controversy, or only one, or
less than all, of the parties to it, the court may order a new trial or grant
reconsideration as to such issues if severable without interfering with the
judgment or final order upon the rest.
Sec. 8. Effect of order for partial new trial.
When less than
all of the issues are ordered retried, the court may either enter a judgment or
final order as to the rest, or stay the enforcement of such judgment or final
order until after the new trial.
Sec. 9. Remedy against order denying a motion for new trial or reconsideration.
An order
denying a motion for new trial or reconsideration is not appealable, the remedy
being an appeal from the judgment or final order.
RELIEF FROM
JUDGMENTS, ORDERS,
OR OTHER
PROCEEDINGS
Section 1. Petition for relief from
judgment, order, or other proceedings.
When a
judgment or final order is entered, or any other proceeding is thereafter taken
against a party in any court through fraud, accident, mistake, or excusable
negligence, he may file a petition in such court and in the same case praying
that the judgment, order or proceeding be set aside.
Sec. 2. Petition for relief from denial of appeal.
When a
judgment or final order is rendered by any court in a case, and a party
thereto, by fraud, accident, mistake, or excusable negligence, has been
prevented from taking an appeal, he may file a petition in such court and in
the same case praying that the appeal be given due course.
Sec. 3. Time for filing petition; contents and verification.
A petition
provided for in either of the preceding sections of this Rule must be verified,
filed within sixty (60) days after the petitioner learns of the judgment, final
order, or other proceeding to be set aside, and not more than six (6) months
after such judgment or final order was entered, or such proceeding was taken;
and must be accompanied with affidavits showing the fraud, accident, mistake,
or excusable negligence relied upon, and the facts constituting the
petitioner's good and substantial cause of action or defense, as the case may
be.
Sec. 4. Order to file an answer.
If the
petition is sufficient in form and substance to justify relief, the court in
which it is filed, shall issue an order requiring the adverse parties to answer
the same within fifteen (15) days from the receipt thereof. The order shall be
served in such manner as the court may direct, together with copies of the
petition and the accompanying affidavits.
Sec. 5. Preliminary injunction pending proceedings.
The court in
which the petition is filed, may grant such preliminary injunction as may be
necessary for the preservation of the rights of the parties, upon the filing by
the petitioner of a bond in favor of the adverse party all damages and costs
that may be awarded to him by reason of issuance of such injunction or the
other proceedings following the petition; but such injunction shall not operate
to discharge or extinguish any lien which the adverse party may have acquired
upon the property of the petitioner.
Sec. 6. Proceedings after answer is filed.
After the
filing of the answer or the expiration of the period therefor, the court shall
hear the petition and if after such hearing, it finds that the allegations
thereof are not true, the petition shall be dismissed; but if it finds said
allegations to be true, it shall set aside the judgment or final order or other
proceedings complained of upon such terms as may be just. Thereafter the case
shall stand as if such judgment, final order or other proceeding had never been
rendered, issued or taken. The court shall then proceed to hear and determine
the case as if a timely motion for a new trial or reconsideration had been
granted by it.
Sec. 7. Procedure where the denial of an appeal is set aside.
Where the
denial of an appeal is set aside, the lower court shall be required to give due
course to the appeal and to elevate the record of the appelaed case as if a
timely and proper appeal had been made.
EXECUTION,
SATISFACTION AND EFFECT OF JUDGMENTS
Section 1. Execution upon judgments or
final orders.
Execution
shall issue as a matter of right, on motion, upon a judgment or order that
disposes of the action or proceeding upon the expiration of the period to
appeal therefrom if no appeal has been duly perfected.
If the appeal has been duly perfected
and finally resolved, the execution may forthwith be applied for in the court
of origin, on motion of the judgment obligee, submitting therewith certified
true copies of the judgment or judgments or final order or orders sought to be
enforced and of the entry thereof, with notice to the adverse party.
The appellate court may, on motion in
the same case, when the interest of justice so requires, direct the court of
origin to issue the writ of execution.
Sec. 2. Discretionary execution.
(a) Execution
of a judgment or final order pending appeal.— On motion of the prevailing party
will notice to the adverse party filed in the trial court while it has
jurisdiction over the case and is in possession of either the original record
or the record on appeal, as the case may be, at the time of the filing of such
motion, said court may, in its discretion, order execution of a judgment or
final order even before the expiration of the period to appeal.
After the trial court has lost
jurisdiction, the motion for execution pending appeal may be filed in the
appellate court.
Discretionary execution may only issue
upon good reasons to be stated in a special order after due hearing.
(b) Execution of several, separate or
partial judgments.— A several separate or partial judgment may be executed
under the same terms and conditions as execution of a judgment or final order
pending appeal.
Sec. 3. Stay of discretionary execution.
Discretionary
execution issued under the preceding section may be stayed upon approval by the
proper court of a sufficient supersede as bond filed by the party against whom
it is directed, conditioned upon the performance of the judgment or order
allowed to be executed in case it shall be finally sustained in whole or in
part. The bond thus given may be proceeded against on motion with notice to the
surety.
Sec. 4. Judgments not stayed by appeal.
Judgments in
actions for injunction, receivership, accounting and support, and such other
judgments as are now or may hereafter be declared to be immediately executory,
shall be enforceable after their rendition and shall not be stayed by an appeal
taken therefrom, unless otherwise ordered by the trial court. On appeal
therefrom, the appellate court in its discretion may make an order suspending,
modifying, restoring or granting the injunction, receivership, accounting, or
award of support.
The stay of execution shall be upon
such terms as to bond or otherwise as may be considered proper for the security
or protection of the rights of the adverse party.
Sec. 5. Effect of reversal of executed judgment.
Where the
executed judgment is reversed totally or partially, or annulled, on appeal or
otherwise, the trial court may, on motion, issue such orders of restitution or
reparation of damages as equity and justice may warrant under the
circumstances.
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.
Sec. 7. Execution in case of death of party.
In case of the
death of party, execution may issue or be enforced in the following manner:
(a) In case of
the death of the judgment obligee, upon the application of his executor or
administrator, or successor in interest;
(b) In case of the death of the
judgment obligor, against his executor or administrator or successor in
interest, if the judgment be for the recovery of real or personal property, or
the enforcement of the lien thereon;
(c) 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, and the
officer making the sale shall account to the corrsponding executor or
administrator for any surplus in his hands.
Sec. 8. Issuance, form and contents of
a writ of execution.
The writ of
execution shall: (1) issue in the name of the Republic of the Philippines from
the court which granted the motion; (2) state the name of the court, the case number
and title, the dispositive part of the subject judgment or order; and (3)
require the sheriff or other proper officer to whom it is directed to enforce
the writ according to its terms, in the manner herein after provided:
(a) If the
execution be against the property of the judgment obligor, to satisfy the
judgment, with interest, out of the real or personal property of such judgment
obligor;
(b) If it be against real or personal
property in the jands of personal representatives, heirs, devisees, legatees,
tenants, or trustees of the judgment obligor, to satisfy the judgment, with
interest, out of such properties;
(c) If it be for the sale of real or
personal property, to sell such property, describing it, and apply the proceeds
in conformity with the judgment, the material parts of which shall be recited
in the writ of execution;
(d) 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, and if sufficient personal property
cannot be found, then out of the real property; and
(e) 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.
Sec. 9. Execution of judgments for
money, how enforced.
(a) Immediate
payment on demand. - The officer shall enforce an execution of a judgment for
money by demanding from the judgment obligor the immediate payment of the full
amount stated in the writ of execution and all lawful fees. The judgment
obligor shall pay in cash, certified bank check payable to the judgment obligee
or his authorized representative if present at the time of payment. 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.
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
latter shall turn over all the amounts coming into his possesssion within the
same day to the clerk of court of the court that issued the writ, or if the
same is not practicable, deposit said amount to a fiduciary account in the
nearest government depository bank of the Regional Trial Court of the locality.
The clerk of 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 satisfactionn of the judgmen. The excess, if any, shall be
delivered to the judgment obligor while 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.
(b) 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 of every kind
and nature whatsoever which may be disposed of for value and not otherwise
exempt from execution giving the latter the option to immediately choose which
property or part thereof may be levied upon, sufficient to satisfy the
judgment. If the judgment obligor does not exercise the option, the officer
shall first levy on the personal properties, if any, an then on the real
properties if the personal properties are insufficient to answer for the
judgment.
The sheriff shall sell only a
sufficient portion of the personal or real property of the judgment obligor
which has been levied upon.
When there is more property of the
judgment obligor than is sufficient to satisfy the judgment and lawful fees, he
must sell only so much of the personal or real property as is sufficient to
satisfy the judgment and lawful fees.
Real property, stocks, shares, debts,
credits, and other personal property, or any interest in either real or
persoanl property, may be levied upon in like manner and with like effect as
under a writ of attachment.
(c) Garnishment of debts and credits.
- The officer may levy on debts due the judgment obligor and other credits,
including bank deposits, financial interests, royalties, commissions and other
personal property not capable of manual delivery in the posssession or control
of third parties. Levy shall be made by serving notice upon the person owing
such debts or having in his possession or control such credits to which the
judgment obligor is entitled. The garnishment shall cover only such amount as
will satisfy the judgment and all lawful fees.
The garnishee shall make a written
report to the court within five (5) days from service of the notice of
garnishment stating whether or not the judgment obligor has sufficient funds or
credits to satisfy the amount of the judgment. If not, the report shall state
how much funds or credits the garnishee holds for the judgment obligor. The
garnished amount in cash, or certified bank check issued in the name of the
judgment obligee, shall be delivered directly to the judgment obligee within
ten (10) working days from service of notice on said garnishing requiring such
delivery, except the lawful fees which shall be paid directly to the court.
In the event there are two or more
garnishees holding deposits or credits sufficient to satisfy the judgment, the
judgment obligor, if available, shall have the right to indicate the garnishee
or garnishees who shall be required to deliver the amount due; otherwise, the
choice shall be made by the judgment obligee.
The executing sheriff shall observe
the same procedure under paragraph (a) with respect to delivery of payment to
the judgment obligee.
Sec. 10. Execution of judgments for specific act.
(a)
Conveyance, delivery of deeds, or other specific acts; vesting title. - If a
judgment directs a party who execute a conveyance of land or personal property,
or to deliver deeds or other documents, or to perform any other specific act in
connection therewith, and the party fails to comply within the time specified,
the court may direct the act to be done at the cost of the disobedient party by
some other person appointed by the court and the act when so done shall have
like effect as if done by the party. If real or personla property is situated
within the Philippines, the court in lieu of directing a conveyance thereof may
be an order divest the title of any party and vest it in others, which shall
have the force and effect of a conveyance executed in due form of law.
(b) 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.
(c) Delivery or restitution of real
property.- The officer shall demand of the person against whom the judgment for
the delivery or restitution of real property is rendered and all person claiming
rights under him to peaceably vacate the property within three (3) working
days, and restore possession thereof to the judgment obligee; otherwise, the
officer shall oust and such persons therefrom with the assistance, if necessary
of appropriate peace officers, and employing such means as may be reasonably
necessary to retake possession, and place the judgment obligee in possession of
such property. Any costs, damages, rents or profits awarded by the judgment
shall be satisfied in the same manner as a judgment for money.
(d) Removal of improvements on
property subject of execution.- When the property subject of the execution
contains improvements constructed or planted by the judgment obligor or his
agent, the officer shall not destroy, demolish or remove said improvements
except upon special order of the court issued upon motion of the judgment
obligee after due hearing and after the former has failed to remove the same
within a reasonable time fixed by the court.
(e) Delivery of personal property.- In
judgments for the delivery of personal property, the officer shall take
possession of the same and forthwith deliver it to the party entitled thereto
and satisfy any judgment for money as therein provided.
Sec. 11. Execution of special judgments.
When a
judgment requires the performance of any act other than those mentioned in the
two preceding sections, 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 person required thereby, or by
law, to obey the same, and such party or person may be punished for contempt if
he disobeys such judgment.
Sec. 12. Effect of levy on execution as to third persons.
The levy on
execution shall create a lien in favor of the judgment obligee over the right,
title and interest of the judgment obligor in such property at the time of the
levy, subject to liens and encumbrances then existing.
Sec. 13. Property exempt from execution.
Except as
otherwise expressly provided by law, the following property, and no other,
shall be exempt from execution:
(a) The
judgment obligor's family home as provided by law, or the homestead in which he
resides, and land necessarily used in connection therewith;
(b) Ordinary tools and implements
personally used by him in hs trade, employment, or livelihood;
(c) Three horses, or three cows, or
three carabaos, or other beasts of burden such as the judgment obligor may
select necessarily used by him in his ordinary occupation;
(d) His necessary clothing and
articles for ordinary personal use, excluding jewelry;
(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;
(f) Provisions for individual or
family use sufficient for four months;
(g) The professional libraries and
equipment of judges, lawyers, physicians, pharmacists, dentists, engineers,
surveyors, clergymen, teachers, and other professionals, not exceeding three
hundred thousand pesos in value;
(h) One fishing boat and accessories
not exceeding the total value of one hundred thousand pesos owned by a
fisherman and by the lawful use of which he earns his livelihood;
(i) So much of the salaries, wages, or
earnings of the judgment obligor of his personal services within the four
months preceding the levy as are necessary for the support of his family;
(j) Lettered gravestones;
(k) Monies benefits, privileges, or
annuities accruing or in any manner growing out of any life insurance;
(l) The right to receive legal
support, or money or property obtained as such support, or any pension or
gratuity from the Government;
(m) Properties specially exempt by
law.
But no article
or species of property mentioned in his section shall be exempt from executio
issued upon a judgment recovered for its price or upon a judgment of
foreclosure of a mortgage thereon.
Sec. 14. Return of writ of execution.
The writ of
execution shall be returnable to the court issuing it immediately after the
judgment has been satisfied in part or in full. If the judgment cannot be
satisfied in full within thirty (30) days after his receipt of the writ, the
officer shall report to the court and state the reason therefor. Such 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 thirty
(30) days on the proceedings taken thereon until the judgment is satisfied in
full, or its effectivity expires. The returns or periodic reports shall set
forth the whole of the proceedings taken, and shall be filed with the court and
copies thereof promptly furnished the parties.
Sec. 15. Notice of sale of property on execution.
Before the
sale of property on execution, notice thereof must be given as follows:
(a) In case of
perishable property, by posting written notice of the time and place of the
sale in three (3) public places, preferably in conspicuous areas of the
municipal or city hall, post office and public market in the municipality or
city where the sale is to take place, for such time as may be reasonable,
considering the character and condition of the property;
(b) In case of other personal
property, by posting a similar notice in the three (3) public places
above-mentioned for not less than five (5) days;
(c) In case of real property, by
posting for twenty (20) days in the three (3) public places above-mentioned a
similar notice particularly describing the property and stating where the
property is to be sold, and if the assessed value of the property exceeds fifty
thousand (P50,000.00) pesos, by publishing a copy of the notice once a week for
two (2) consecutive weeks in one newspaper selected by raffle, whether in
English, Filipino, or any major regional language published, edited and
circulated or, in the absence thereof, having general circulation in the
province or city;
(d) In all cases, written notice of
the sale shall be given to the judgment obligor, at least three (3) days before
the sale, except as provided in paragraph (a) hereof where notice shall be
given at any time before the sale, in the same manner as personal service of
pleadings and other papers as provided by Section 6 of Rule 13.
The notice
shall specify the place, date and exact time of the sale which should not be
earlier than nine o’clock in
the morning and not later than two
o’clock in the afternoon. The place of the sale may be agreed upon
by the parties. In the absence of such agreement, the sale of real property or
personal property not capable of manual delivery shall be held in the office of
the clerk of court of the Regional Trial Court or the Municipal Trial Court
which issued the writ or which was designated by the appellate court. In the
case of personal property capable of manual delivery, the sale shall be held in
the place where the property is located.
Sec. 16. Proceedings where property claimed by third person.
If the
property levied on is claimed by any person other than the judgment obligor or
his agent, and such person makes an affidavit of his title thereto or right to
the possession thereof, stating the grounds of such right or title, and serves
the same upon the officer making the levy and a copy thereof upon the judgment
obligee, the officer shall not be bound to keep the property, unless such
judgment obligee, on demand of the officer, files a bond approved by the court
to indemnify the third-party claimant in a sum not less than the value of the
property levied on. In case of disagreement as to such value, the same shall be
determined by the court issuing the writ of execution. No claim for damages for
the taking or keeping of the property may be enforced against the bond unless
the action therefor is filed within one hundred twenty (120) days from the date
of the filing of the bond.
The officer shall not be liable for
damages for the taking or keeping of the property, to any third-party claimant
if such bond is filed. Nothing herein contained shall prevent such claimant or
any third person from vindicating his claim to the property in a separate
action, or prevent the judgment obligee from claiming damages in the same or a
separate action against a third-party claimant who filed a frivolous or plainly
spurious claim.
When the writ of execution is issued
in favor of the Republic of the Philippines, or any officer duly representing
it, the filing of such bond shall not be required, and in case the sheriff or
levying officer is sued for damages as a result of the levy, he shall be
represented by the Solicitor General and if held liable therefor, the actual
damages adjudged by the court shall be paid by the National Treasurer out of
such funds as may be appropriated for the purpose.
Sec. 17. Penalty for selling without notice, or removing or defacing notice.
An officer
selling without the notice prescribed by section 15 of this Rule shall be
liable to pay punitive damages in the amount of five thousand (P5,000.00) pesos
to any person injured thereby, in addition to his actual damages, both to be
recovered by motion in the same action; and a person willfully removing or
defacing the notice posted, if done before the sale, or before the satisfaction
of the judgment if it be satisfied before the sale, shall be liable to pay five
thousand (P5,000.000) pesos to any person injured by reason thereof, in
addition to his actual damages, to be recovered by motion in the same action.
Sec. 18. No sale if judgment and costs 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 the costs that have
been incurred therein.
Sec. 19. How property sold on execution; who may direct manner and order of sale.
All sales of
property under execution must be made at public auction, to the highest bidder,
to start at the exact time fixed in the notice. After sufficient property has
been sold to satisfy the execution, no more shall be sold and any excess
property or proceeds of the sale shall be promptly delivered to the judgment
obligor or his authorized representative, unless otherwise directed by the
judgment or order of the court. When the sale is of real property, consisting
of several known lots, they must be sold separately; or, when a portion of such
real property is claimed by a third person, he may require it to be sold
separately. When the sale is of personal property capable of manual delivery,
it must be sold within view of those attending the same and in such parcels as
are likely to bring the highest price. The judgment obligor, if present at the
sale, may direct the order in which property, real or personal, shall be sold,
when such property consists of several known lots or parcels which can be sold
to advantage separately. Neither 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.
Sec. 20. Refusal of 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
and shall not be responsible for any loss occasioned thereby; but the court may
order the refusing purchaser to pay into the court the amount of such loss,
with costs, and may punish him for contempt if he disobeys the order. The
amount of such payment shall be for the benefit of the person entitled to the
proceeds of the execution, unless the execution has been fully satisfied, in
which event such proceeds shall be for the benefit of the judgment obligor. The
officer may thereafter reject any subsequent bid of such purchaser who refuses
to pay.
Sec. 21. Judgment obligee as purchaser.
When the
purchaser is the judgment obligee, and no third-party claim has been filed, he
need not pay the amount of the bid if it does not exceed the amount of his
judgment. If it does, he shall pay only the excess.
Sec. 22. Adjournment of sale.
By written
consent of the judgment obligor and obligee, or their duly authorized
representatives, the officer may adjourn the sale to any date and time agreed
upon by them. Without such agreement, he may adjourn the sale from day to day
if it becomes necessary to do so for lack of time to complete the sale on the
day fixed in the notice or the day to which it was adjourned.
Sec. 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 officer making the sale must deliver the property to the
purchaser and, if desired, execute and deliver to him a certificate of sale.
The sale 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
attachment.
Sec. 24. Conveyance to purchaser of personal property not capable of manual delivery.
When the
purchaser of any personal 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 attachment.
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.
Sec. 26. Certificate of sale where property claimed by third person.
When a
property sold by virtue of a writ of execution has been claimed by a third
person, the certificate of sale to be issued by the sheriff pursuant to
sections 23, 24 and 25 of this Rule shall make express mention of the existence
of such third-party claim.
Sec. 27. Who may redeem real property
so sold.
Real property
sold as provided in the last preceding section, or any part thereof sold
separately, may be redeemed in the manner hereinafter provided, by the
following persons:
(a) The
judgment obligor, or his successor in interest in the whole or any part of the
property;
(b) 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. Such redeeming
creditor is termed a redemptioner.
Sec. 28. Time and manner of, and
amounts payable on, successive redemptions; notice to be given and filed.
The judgment
obligor, or redemptioner, may redeem the property from the purchaser, at any
time within one (1) year from the date of the registration of the certificate
of sale, by paying the purchaser the amount of his purchase, with one per
centum per month interest thereon in addition, up to the time of redemption,
together with the amount of any assessments or taxes which the purchaser may
have paid thereon after purchase, and interest on such last named amount at the
same rate; and if the purchaser be also a creditor having a prior lien to that
of the redemptioner, other than the judgment under which such purchase was
made, the amount of such other lien, with interest.
Property so redeemed may again be
redeemed within sixty (60) days after the last redemption upon payment of the
sum paid on the last redemption, with two per centum thereon in addition, and
the amount of any assessments or taxes which the last redemptioner may have
paid thereon after redemption by him, with interest on such last-named amount,
and in addition, the amount of any liens held by said last redemptioner prior
to his own, with interest. The property may be again, and as often as a
redemptioner is so disposed, redeemed from any previous redemptioner within
sixty (60) days after the last redemption, on paying the sum paid on the last
previous redemption, with two per centum thereon in addition, and the amounts
of any assessments or taxes which the last previous redemptioner paid after the
redemption thereon, with interest thereon, and the amount of any liens held by
the last redemptioner prior to his own, with interest.
Written notice of any redemption must
be given to the officer who made the sale and a duplicate filed with the
registry of deeds of the place, and if any assessments or taxes are paid by the
redemptioner or if he has or acquires any lien other than that upon which the redemption
was made, notice thereof must in like manner be given to the officer and filed
with the registry of deeds; if such notice be not filed, the property may be
redeemed without paying such assessments, taxes, or liens.
Sec. 29. Effect of redemption by judgment obligor, and a certificate to be delivered and recorded thereupon; to whom payments on redemption made.
If the
judgment obligor redeems, he must make the same payments as are required to
effect a redemption by a redemptioner, whereupon, no further redemption shall
be allowed and he is restored to his estate. The person to whom the redemption
payment is made must execute and deliver to him a certificate of redemption
acknowledged before a notary public or other officer authorized to take acknowledgments
of conveyances of real property. Such certificate must be filed and recorded in
the registry of deeds of the place in which the property is situated, and the
registrar of deeds must note the record thereof on the margin of the record of
the certificate of sale. The payments mentioned in this and the last preceding
sections may be made to the purchaser or redemptioner, or for him to the
officer who made the sale.
Sec. 30. Proof required of redemptioner.
A redemptioner
must produce to the officer, or person from whom he seeks to redeem, and serve
with his notice to the officer a copy of the judgment or final order under
which he claims the right to redeem, certified by the clerk of the court
wherein the judgment or final order is entered; or, if he redeems upon a
mortgage or other lien, a memorandum of the record thereof, certified by the
registrar of deeds; or an original or certified copy of any assignment
necessary to establish his claim; and an affidavit executed by him or his
agent, showing the amount then actually due on the lien.
Sec. 31. Manner of using premises pending redemption; waste restrained.
Until the
expiration of the time allowed for redemption, the court may, as in other
proper cases, restrain the commission of waste on the property by injunction,
on the application of the purchaser or the judgment obligee, with or without
notice; but it is not waste for a person in possession of the property at the
time of the sale, or entitled to possession afterwards, during the period
allowed for redemption, to continue to use it in the same manner in which it
was previously used; or to use it in the ordinary course of husbandry; or to
make the necessary repairs to buildings thereon while he occupies the property.
Sec. 32. Rents, earnings and income of property pending 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. All
rents, earnings and income derived from the property pending redemption shall
belong to the judgment obligor until the expiration of his period of
redemption.
Sec. 33. Deed and possession to be given at expiration of redemption period; by whom executed or given.
If no
redemption be made within one (1) year from the date of the registration of the
certificate of sale, the purchaser is entitled to a conveyance and possession
of the property; or, if so redeemed whenever sixty (60) days have elapsed and
no other redemption has been made, and notice thereof given, and the time for
redemption has expired, the last redemptioner is entitled to the conveyance and
possession; but in all cases the judgment obligor shall have the entire period
of one (1) year from the date of the registration of the sale to redeem the
property. The deed shall be executed by the officer making the sale or by his
successor in office, and in the latter case shall have the same validity as though
the officer making the sale had continued in office and executed it.
Upon the expiration of the right of
redemption, the purchaser or redemptioner 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. 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.
Sec. 34. Recovery of price if sale not effective; revival of judgment.
If the
purchaser of real property sold on execution, or his successor in interest,
fails to recover the possession thereof, or is evicted therefrom, in
consequence of irregularities in the proceedings concerning the sale, or
because the judgment has been reversed or set aside, or because the property
sold was exempt from execution, or because a third person has vindicated his
claim to the property, he may on motion in the same action or in a separate action
recover from the judgment obligee the price paid, with interest, or so much
thereof as has not been delivered to the judgment obligor; or he may, on
motion, have the original judgment revived in his name for the whole price with
interest, or so much thereof as has been delivered to the judgment obligor. The
judgment so revived shall have the same force and effect as an original
judgment would have as of the date of the revival and no more.
Sec. 35. Right to contribution or reimbursement.
When property
liable to an execution against several persons is sold thereon, and more than a
due proportion of the judgment is satisfied out of the proceeds of the sale of
the property of one of them, or one of them pays, without a sale, more than his
proportion, he may compel a contribution from the others; and when a judgment
is upon an obligation of one of them, as security for another, and the surety
pays the amount, or any part thereof, either by sale of his property or before
sale, he may compel repayment from the principal.
Sec. 36. Examination of judgment obligor when judgment unsatisfied.
When the
return of a writ of execution issued against property of a judgment obligor, or
any one of several obligors in the same judgment, shows that the judgment
remains unsatisfied, in whole or in part, the judgment obligee, at any time
after such return is made, shall be entitled to an order from the court which
rendered the said judgment, requiring such judgment obligor to appear and be
examined concerning his property and income before such court or before a
commissioner appointed by it, at a specified time and place; and proceedings
may thereupon be had for the application of the property and income of the
judgment obligor towards the satisfaction of the judgment. But no judgment
obligor shall be so required to appear before a court or commissioner outside
the province or city in which such obligor resides or is found.
Sec. 37. Examination of obligor of judgment obligor.
When the
return of a writ of execution against the property of a judgment obligor shows
that the judgment remains unsatisfied, in whole or in part, and upon proof to
the satisfaction of the court which issued the writ, that a person,
corporation, or other juridical entity has property of such judgment obligor or
is indebted to him, the court may, by an order, require such person,
corporation, or other juridical entity, or any officer or member thereof, to
appear before the court or a commissioner appointed by it, at a time and place within
the province or city where such debtor resides or is found, and be examined
concerning the same. 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 or in the control of such person, corporation, or juridical entity
from the time of service; and the court may also require notice of such
proceedings to be given to any party to the action in such manner as it may
deem proper.
Sec. 38. Enforcement of attendance and conduct of examination.
A party or
other person may be compelled, by an order or subpoena, to attend before the
court or commissioner to testify as provided in the two preceding sections, and
upon failure to obey such order or subpoena or to be sworn, or to answer as a
witness or to subscribe his deposition, may be punished for contempt as in
other cases. Examinations shall not be unduly prolonged, but the proceedings
may be adjourned from time to time, until they are completed. If the
examination is before a commissioner, he must take it in writing and certify it
to the court. All examinations and answers before a court or commissioner must
be under oath, and when a corporation or other juridical entity answers, it
must be on the oath of an authorized officer or agent thereof.
Sec. 39. Obligor may pay execution against obligee.
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 of his debt or so much thereof as may be necessary to satisfy the
judgment, in the manner prescribed in section 9 of this Rule, and the sheriff’s
receipt shall be a sufficient discharge for the amount so paid or directed to
be credited by the judgment obligee on the execution.
Sec. 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, or of a
corporation or other juridical entity, to be applied to the satisfaction of the
judgment, subject to any prior rights over such property.
If, upon investigation of his current
income and expenses, it appears that the earnings of the judgment obligor for
his personal services are more than necessary for the support of his family,
the court may order that he pay the judgment in fixed monthly installments, and
upon his failure to pay any such installment when due without good excuse, may
punish him for indirect contempt.
Sec. 41. Appointment of receiver.
The court may
appoint a receiver of the property of the judgment obligor; and it may also
forbid a transfer or other disposition of, or any interference with, the
property of the judgment obligor not exempt from execution.
Sec. 42.
If it appears
that the judgment obligor has an interest in real estate in the place in which
proceedings are had, as mortgagor or mortgagee or otherwise, and his interest
therein can be ascertained without controversy, the receiver may be ordered to
sell and convey such real estate or the interest of the obligor therein; and
such sale shall be conducted in all respects in the same manner as is provided
for the sale of real estate upon execution, and the proceedings thereon shall
be approved by the court before the execution of the deed.
Sec. 43. Proceedings when indebtedness denied or another person claims the property.
If it appears
that a person or corporation, 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 an order made to that effect, the
judgment obligee to institute an action against such person or corporation for
the recovery of such interest or debt, forbid a transfer or other disposition
of such interest or debt within one hundred twenty (120) days from notice of
the order, and may punish disobedience of such order as for contempt. Such
order may be modified or vacated at any time by the court which issued it, or
by the court in which the action is brought, upon such terms as may be just.
Sec. 44. Entry of satisfaction of judgment by clerk of court.
Satisfaction
of a judgment shall be entered by the clerk of court in the court docket, and
in the execution book, upon the return of a writ of execution showing the full
satisfaction of the judgment, or upon the filing of an admission to the
satisfaction of the judgment executed and acknowledged in the same manner as a
conveyance of real property by the judgment obligee or by his counsel unless a
revocation of his authority is filed, or upon the endorsement of such admission
by the judgment obligee or his counsel on the face of the record of the
judgment.
Sec. 45. Entry of satisfaction with or without admission.
Whenever a
judgment is satisfied in fact, or otherwise than upon an execution, on demand
of the judgment obligor, the judgment obligee or his counsel must execute and
acknowledge, or indorse, an admission of the satisfaction as provided in the
last preceding section, and after notice and upon motion the court may order
either the judgment obligee or his counsel to do so, or may order the entry of
satisfaction to be made without such admission.
Sec. 46. When principal bound by judgment against surety.
When a
judgment is rendered against a party who stands as surety for another, the
latter is also bound from the time that he has notice of the action or
proceeding, and an opportunity at the surety’s request to join in the defense.
Sec. 47. Effect of judgments or final orders.
The effect of
a judgment or final order rendered by a court of the Philippines
(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
(c) In any other litigation between
the same parties or their successors in interest, that only is deemed to have
been adjudged in a former judgment or final order which appears upon its face
to have been so adjudged, or which was actually and necessarily included
therein or necessary thereto.
Sec. 48. Effect of foreign judgments
or final orders.
The effect of
a judgment or final order of a tribunal of a foreign country, having
jurisdiction to render the judgment or final order is as follows:
(a) In case of
a judgment or final order upon a specific thing, the judgment or final order is
conclusive upon the title to the thing; and
(b) In case of a judgment or final
order against a person, the judgment or final order is presumptive evidence of
a right as between the parties and their successors in interest by a subsequent
title.
In either
case, the judgment or final order may be repelled by evidence of a want of
jurisdiction, want of notice to the party, collusion, fraud, or clear mistake
of law or fact.
