Page 1 of 4
07/01/2019
EXECUTION OF JUDGMENT
Execution Pending Appeal –in execution pending appeal, there is a judgment but the
judgment is not yet final.
If the judgment final, then it is not anymore execution pending appeal. It is compulsory
execution.
Q. What are the requisites?
A. 1. There must be a motion for execution pending appeal and with notice to the judgment
obligor. (The judgment oblige files a motion for execution pending appeal and there must be
a notice to the judgment obligor.)
2. There must be a good reason for the execution pending appeal.
3. The good reason must be stated in a special order.
-The court must issue a special order for the execution pending appeal, and the court must
state in that special order the good reason for execution pending appeal.
-If there is no good reason for execution pending appeal, then you cannot execute the
judgment because this is the exceptional execution. This is discretionary; it will depend on
the sound discretion of the court. That’s why there must be a good reason for execution
pending appeal.
If there is no good reason – the execution pending appeal can be set aside, by means of a
petition for certiorari.
Q. What is the remedy if the execution pending appeal is not supported by a good reason for
the execution pending appeal?
A. To file a petition for certiorari to set aside or nullify the execution pending appeal.
Q. What are examples of a good reason?
Not all reasons are good reasons.
In one case the Supreme Court held that a mere bankruptcy of the
judgment obligee is not a good reason. Like the judgment obligee needed money
to perk up its business, he could not support his business anymore because it was
at the brink of bankruptcy and it needed money. So he filed a motion for execution
pending appeal alleging that it needed the money. It was held that the mere
bankruptcy of the judgment oblige is not a good reason for execution pending
appeal.
A. In one case, it was held that the advancing age of the judgment obligee is a good reason
for execution pending appeal. (The judgment obligee is too old -the judgment would just be
an illusion because the judgment oblige was at that time very old and if the appeal will be
allowed to take its course, he would not be likely to be able to live enough to enjoy the fruit
of the judgment.)
In another case, the merchandise subject of the case has a likelihood that they must just
go out of fashion (clothing materials) which might cause it to become useless and of no
commercial value anymore, the court held this to be a good reason for execution pending
appeal.
But in many cases, the supreme court has held that the posting of a bond is not a good
reason for the execution pending appeal. Otherwise, if the posting of a bond would be a good
reason for execution pending appeal then the execution pending appeal would not be anymore
an exceptional. It would be a common routine if execution pending appeal is allowed by mere
posting of bond.
MOTION for execution Pending appeal
- The judgment oblige must file the motion for execution pending appeal, and there must be
notice to the judgment obligor.
Q. With what court should the motion be file?
A. In execution pending appeal you have trial court (court of origin –where the case came
from) and then you also have the appellate court.
Q. If you are the judgment obligee and you would like to file a motion for execution pending
appeal, with what court will you file the motion?
1. File it with the trial court.
2. If the trial court has already lost jurisdiction over the case, then file a motion with the
appellate court.
3. Although the trial court has already lost jurisdiction over the case, the motion for execution
pending appeal may still be filed with the trial court provided the record of the case has not

yet been transmitted to the appellate court. The trail court can do this in the exercise of its
residual jurisdiction. The trial court may still issue the writ of execution pending appeal
although it has already lost its jurisdiction over the case in the exercise of its residual
jurisdiction.
Q. when does the trial court lose its jusrisdiction?
A. A court loses its jurisdiction over the upon the filing of the appeal in due time and the
expiration of the right to appeal of the other party.
Example: A case in RTC, parties are X and Y, there’s a judgment rendered by the court. X
received his copy of the judgment on July 1; Y received his judgment on August 1.
Note: A judgment in a civil action has different days of finality.
As to X, the judgment will become final on July 16 and as to Y the judgment will become
final on August 16 if he does not appeal from the judgment.
q. Who can appeal?
A. Anyone of the parties; both of them can appeal from a judgment.
Q. suppose x filed his notice of appeal by filing on july 10. When does the court lose
jurisdiction
A. the court loses its jurisdiction over the case as to the appealing party upon the filing
of the notice of appeal in due time and the expiration of the time to appeal of the other
party.
If in the example the notice was filed august 5, then the court has not lose jurisdiction.
If august 25 -the time to appeal has already expire. But if the record of the case has not yet
been transmitted to the appellate court, the trial court may still issue a writ of execution
pending appeal although it has already lost its jurisdiction over the case in the exercise of its
residual jurisdiction.
Q. Judgment oblige would like to file a motion for execution pending appeal, with what
court?
A. File it with the trial court, but if the trail court has already lost jurisdiction over the
case, he should file it with the appellate court. But even if the trial court has lost
Page 2 of 4
jurisdiction over the case, the judgment oblige may still file the motion for execution
pending appeal with the trail court provided the record of the case has not yet been
transmitted to the appellate court.
Record of the case –this is the record of the case filed in the court. When a party appeals then
the Clerk of court will assemble the record of the case and indicate the table of contents. Then
at a later time, he will send the entire record of the case to the appellate court.
THE SHERIFF WILL IMPLEMENT THE WRIT OF EXECUTION
Q. What happens if the writ of execution varies the judgment?
Judgment says the amount of 1.2 M – Writ of execution says it is 1.8M. It is not consistent
with the judgment.
A. Remedy of judgment obligor is to file a motion to quash the writ of execution on the
ground that it varies the judgment.
If it is a valid writ of execution, the sheriff will now enforce the writ by levying on the
property of the judgment obligor.
He will make a demand to the judgment obligor to comply with the judgment. If the
judgment is to pay a sum of money, he will ask him to pay the money judgment. If it is to
execute a deed of sale, the sheriff will ask him to execute the deed of sale.
If he refuses to execute the deed of sale, then the sheriff himself will make the deed
of conveyance and it will have the same effect as the deed of sale. If the judgment obligor
does not comply with the writ of execution, then the sheriff will levy on the property of the
judgment obligor. He will levy on the property of the judgment obligor. The levy will create a
lien on the property of the judgment obligor.
q. What happens if the property does not belong to the judgment obligor but it belong to
someone else. The sheriff levied on the property believing it to be owned by the judgment
obligor.
X -plaintiff, Y –defendant, land owned by Z: The sheriff levies on the land believing it to be
the land of y, what is the remedy of Z (third party claimant)?
Remedy of Z (remedies of a third party claimant) –
To file a third party claim (not same as third party complaint) in the form of
affidavit of a third party claim. The third party claimant will allege facts showing his

ownership or title to the property levied upon or his right of possession. Serve a copy to the
sheriff.
*third party claimant – is one who claims title to or right of possession over the property
levied upon.
The affidavit served to the sheriff, who levies to the property.
Sale on execution. There has to be notices, (notice of sale and if it is a real property
or an immovable will have to be published in a newspaper of general circulation, once a week
for three consecutive weeks)
* The moment the sheriff is served with a copy of a third party complaint, he must stop
the proceedings. He must not continue with the next step. If he will continue with the
proceedings, -sale on execution etc. and the third party complaint is valid then he and he
alone shall be liable to the third party claimant.
Example: if the value of the property is 10M, then he will be liable alone.
Remedies if property was levied:
Suppose you are the plaintiff and you are the judgment oblige, you would want the sheriff
will continue. How can the judgment oblige will make the sheriff continue?
a. the judgment obligee must post a bond equivalent to the value of the property.
What is the purpose of the bond?
-to answer for any liability that the sheriff might incur as a result of the execution
proceedings. If The bond will protect the sheriff for any liability.
SO the judgment oblige filed a bond, the sheriff proceeded with the execution. Suppose
the third party complaint turned out to be valid. Who will be liable to the third party
claimant? –the sheriff will be liable but he is covered by the bond.
b. If the judgment oblige has filed a bond the third party claimant can also file an action
against the bond if one has been filed by the judgment oblige within 120 days from the
time the bond is posted.
c. An independent action to file an independent action to litigate his claim of ownership
or possession.
Properties exempt from execution: (these properties are also exempt from attachment)
Page 3 of 4
1. family home
2. lettered gravestones
( properties exempt –found in rule 29 section 13)
Suppose the property is a family home and the sheriff levied on the family home, then it was
sold on an execution sale. Five years later, the judgment obligor filed a case to annul the case,
alleging that the house that was sold was a family home.
q. May the sale be nullified?
a. No more, because if the property is exempt from execution, the one who should claim the
exemption is the judgment obligor. The right to claim the exemption is personal to him. The
sheriff will not claim the exemption, he will levy on that property and if that is exempt from
execution the judgment obligor should claim the exemption.
Q. when should the judgment obligor claim the exemption?
a. At the time of the levy or at the very least, at the time of the sale, otherwise you waive the
exception.
It will be too late for the judgment obligor to claim exemption five years after the sale. If that
is what the judgment obligor would do, claiming exemption many years later, that will now
be too late for him. He cannot nullify the sale anymore; he has slept on his right to long. So
even if the property levied upon is exempt from execution if no one claims the exemption, the
levy becomes valid for lack of objection.
If the judgment obligor was not able to claim the exemption because of reason beyond his
control like, there was fraud. He was prevented from making the exemption because of some
circumstances, then that will not be counted against him. It will be counted/ considered
against the judgment obligor if he was able to do it but he didn’t do it.
Sale on execution:
Who will participate in the sale on execution?
a. Anyone, even the judgment obligor can participate in the sale. So it will be conducted by
bidding. The property will be sold to the highest bidder.
q. if a property is sold in a sale of execution, is there a right of redemption?
 Page 4 of 4

a. If what was sold in the execution sale was a personal property, there is no grant of
redemption. But if what is sold in a sale of execution is a real property, there is a right of
redemption to be exercised within 1 year from the date of the sale.

“from the date of the sale” –from the day the sale is registered in the office of the register of
deeds.

Suppose what was sold in the execution sale is a grand piano worth 15M pesos, is there a
right of redemption? –None

Suppose what was sold is a land worth 1million, is there a right of redemption? –yes

Execution sale :

a. date when the sale was actually conducted was July 1.

b. The sheriff will execute a document known as sheriff certification sale. (If a sale is a
voluntary sale what is executed is a deed of sale)

c. Pay the fees to be paid

d. Go to the register of deeds, then you register the date (that might probably be already
August 1)

-the 1 year redemption period will be the date the sale is registered (In the example –August
1)

There is a right of redemption to be exercised within 1 year from the date the sale is
registered. If no redemption is made within 1 year from august 1, then the right of the
purchaser of the execution sale will become absolute. His title will now be consolidated.

e. the purchaser will execute consolidation of ownership because there was no redemption.

f. the sheriff will execute a sheriff’s final certificate of sale, the certificate of title of the
judgment obligor will be cancelled and a new one will be issued in the name of the purchaser.

The purchasers right from august 1 to 1 year is not absolute yet because it is subject to the
right of pre-emptioner to redeem the property. But if no redemption is made within 1 year,
then his title will now become absolute. He will now execute an affidavit of consolidation of
ownership, and then on that basis, the sheriff will execute the sheriff’s final certificate of sale.