Rules 30-39

A. Notice of 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. It is the duty of the clerk of court to send notices to the parties about the date of the trial in such manner as shall insure his receipt of that notice at least five (5) days before such date. Trial is an examination before a competent tribunal of the facts or law put in issue in a case, for the purpose of determining such issue. B. Adjournment and postponement 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. “A court may adjourn a trial from day to day” means that if the trial is not finished on the scheduled date, that will be postponed on another day. That is how trials are being conducted. It is by staggered basis. That is what you call adjournment. As a GENERAL RULE: Not more than one (1) month for its adjournment BUT a maximum of three (3) postponements. In effect, it will be exactly 90 days. The ONLY EXCEPTION is when authorized in writing by the court administrator. Meaning, the judge can go to the court administrator to allow the court to go beyond the period allowed by law.

C. Requisites of Motion for Postponement: 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. Two main reasons why parties ask for postponement: 1. absence of evidence -There must be a verified affidavit. - Postponement will be denied if the adverse party will admit the evidence although may object its admissibility 2. Illness of a party or counsel -You have to prove that the presence of that person is indispensable and the illness is such that it will prevent the person from attending. -Must be accompanied with a medical certificate and notarized so that if it's false, both the person and the doctor will be liable for perjury. Exception, when sickness is sudden and unexpected such as accident So, a motion for postponement which is not verified upon the ground of illness of a party or counsel without a medical certificate should be granted if it appears that the claim of the movant is meritorious. Motions for postponements is always addressed to the sound discretion of the court D. Order of trial 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

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RULE 30 TRIAL

The pre-trial order shall limit the issues and shall control the subsequent course of the action. We already emphasized that the pre-trial order prevails over the pleadings. The pre-trial order has the effect of superseding the complaint and the answer. Whatever issues are stated in the pre-trial order shall be the issues to be tried during the hearing on the case.

Basic Pattern: 1. Plaintiff to present evidence in chief/main evidence to prove his claim or cause of action 2. Defendant shall then adduce evidence in chief to prove his defenseaffirmative or negative defense 3. The third party defendant, if any, shall adduce evidence 4. The fourth defendant, if any, shall adduce evidence 5. Plaintiff to present rebuttal evidence 6. The parties may then adduce rebutting evidence -defendant may present rebuttal to the rebuttal called as sur-rebuttal 7. 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. A MEMORANDUM is practically a thesis where you will summarize your position and you argue why you should win. That is where you cite evidence. NOTA BENE: The foregoing order of trial applies only to regularly controverted claim. ( Yu vs. Magpayo, L-29742, March 29, 1972). The defendant may present his evidence first if he invokes an affirmative defense. In criminal law, we call it as REVERSE TRIAL (example: Self-defense) General rule: Parties cannot present evidence in chief in a rebuttal stage Exception: If the court permits them to adduce evidence in chief. Instances wherein the court may allow: 1.) When it is newly discovered; 2.) When the evidence was omitted through inadvertence or mistake; 3.) When the purpose is to correct evidence previously offered; 4.) When the additional evidence offered is material and not merely cumulative or impeaching

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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.

The parties agree in writing upon the facts involved in the litigation and they will submit the agreed facts or the case for decision. That is what we call JUDGEMENT ON AGREED STATEMENT OF FACTS or the more popular term: JUDGEMENT BASED ON STIPULATION OF FACTS. They can agree to some facts but cannot on others. The court is bound by the stipulations made by the parties. However, there are matters that cannot be the subject of compromise: (1) The civil status of persons; (whether legitimate or illegitimate) (2) The validity of a marriage or a legal separation; (w/n a marriage settlement exists) (3) Any ground for legal separation; (4) Future support; (always depends on the means of the party giving support) (5) The jurisdiction of courts; (6) Future legitime. F. Statement of Judge: 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. 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.

G. Suspension of Activities Sec. 8. Suspension of actions. The suspension of actions shall be governed by the provisions of the Civil Code. Art. 2030. Every civil action or proceeding shall be suspended: 1. If willingness to discuss a possible compromise is expressed by one or both parties; or 2. If it appears that one of the parties, before the commencement of the action or proceeding, offered to discuss a possible compromise but the other party refused the offer. The duration and terms of the suspension of the civil action or proceeding and similar matters shall be governed by such provisions of the rules of court as the Supreme Court shall promulgate. Said rules of court shall likewise provide for the appointment and duties of amicable compounders. Anytime while the case is going on, one of the parties would like to discuss a POSSIBLE AMICABLE SETTLEMENT OR COMPROMISE, they can ask for the suspension of proceedings. H. Delegation of reception of evidence to clerk of court: 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. Requisites for a valid delegation: 1. Defendant is already in default or in ex-parte hearing; 2. The parties agree in writing 3. The clerk of court is lawyer * National Housing Authority vs. CA L-50877 April 28, 1983

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E. Stipulation of facts: 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.

A. Consolidation 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. Consolidation of actions is proper when: a. When two or more actions involve the same or a common question of law or fact, AND b. The said actions are pending the same court The rule on consolidation of cases generally applies only to cases pending before the same judge, not to cases pending in different branches of the same court or in different courts (PAL, et al., vs. Teodoro, et al 97 Phil 461). In consolidation cases, the case bearing the higher docket number is consolidated with the case having the lower docket number. Three ways of consolidating cases: 1. By recasting the cases already instituted, conducting only one hearing and rendering only one decision; 2. By consolidating the existing cases and holding only one hearing and rendering only one decision; 3. By hearing only the principal case and suspending the hearing on the others until judgment has been rendered in the principal case. Cases are consolidated because it will expedite their termination, thereby economizing on the procedure. Cases are consolidated not only when the cases are before the trial court. There are many times when cases are consolidated or joined together even when they are already on appeal, provided, there is a common question of law or fact.

So, even in the SC, cases are consolidated and decided together for the first time. It is called as COMPANION CASES because the same issues are being raised in the petitions. Consolidation of a criminal and civil case is allowed provided the two requisites concur. For purposes of decision, the court will now apply two (2) different criteria: Proof beyond reasonable doubt in the criminal case and preponderance of evidence in the civil case. B. SEPARATE TRIALS 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. Section 2 is the exact opposite of Section 1. In Section 1, there are 2 or more cases which shall be joined together for joint trial. In section 2, there is one case with several claims, i.e. counterclaims, cross-claims and thirdparty complaints. The rule states that they should be tried together, one after the other, and then one decision. The court may grant a separate trial for a 3rd-party claim or permissive counterclaim especially when there is no connection between the permissive counterclaim with the main action. Rule 31, 32, 33, 33, 34 and 35 are motions you can avail of while the case is pending. Rule 32 TRIAL BY COMMISSIONER Commissioner is the alter ego of the judge because he represents the judge. He helps in rendering and enforcing the decision.

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RULE 31 CONSOLIDATION OR SEVERANCE

A. Reference to a Commissioner:  Reference by consent of the parties SEC. 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. Trial by commissioner is possible by mutual agreement of the parties. The parties must agree.  Reference ordered on motion 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. Trial by commissioner is allowed not only for the purpose of the court rendering the judgment but also for the purpose of carrying a judgment or order into effect.

B. Powers of the Commissioner  Report only upon particular issues, or to do or perform particular acts, or to receive and report evidence only  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.  Issue subpoenas and subpoenas duces tecum  Swear witnesses  Unless otherwise provided in the order of reference, he may rule upon the admissibility of evidence. 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. Note: The commissioner doesn’t have the power to cite the witness in contempt. What he will do is to refer or tell the judge. C. Oath of commissioner: SEC. 4. Oath of commissioner. - Before entering upon his duties the commissioner shall be sworn to a faithful and honest performance thereof.

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When is required? It involves issue that is beyond the competence of the judge and requires some technical expertise. Examples:  determining the psychological incapacity of one spouse  collection of sum of money and it requires studying of books of accounts  boundary disputes

The commissioner must conduct a hearing. The requirement for him to hold a hearing cannot be dispensed with as this is the essence of due process. When the commissioner did not hold a hearing in violation of Sec 3, it is an error for the trial court to issue an order approving the said commissioner's report over the objection of the aggrieved party. The commissioner shall expedite the proceedings. E. Commissioner's 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 (10) 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 (10) 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. Upon completion of hearing, the commissioner must file his report in court stating his findings of fact and conclusion of law. The clerk shall notify the parties of the filing of the report and they are given 10 days to file their comment. After 10 days, the court will set the report for hearing and thereafter issue an order adopting, modifying, rejecting the report, in whole or in part, or recommitting it to the commissioner with instruction, or requiring the parties to present further evidence.

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D. Proceedings before the commissioner: 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 (10) 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.

This is a motion to dismiss filed after the plaintiff has finished presenting his evidence on the ground of insufficiency of evidence.

General rule: The findings of the commissioner on question of fact can be questioned by the parties. Exception: The parties may stipulate that the commissioner's findings of fact shall be final. Thus, only question of law shall thereafter be considered.

B. Effects of the grant or denial of demurrer to evidence:  If granted, but reversed on appeal, the defendant loses his right to present evidence.  If denied, the defendant can still present his evidence.

F. Compensation of commissioner 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. The commissioner’s compensation is taxed against the defeated party, or apportioned (like 50-50). Rule 33 DEMURRER TO EVIDENCE In Rule 16, you can file motion to dismiss within the 15-day reglementary period, hence no answer yet whereas in Rule 33, answer is already filed and in fact, trial has already started. In Rule 16, the ground of no cause of action is based on the complaint, while under Rule 33, the ground of no cause of action is based on the plaintiff’s evidence. A. Definition of Demurrer to evidence SEC. 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.

The ground of no cause of action is now incorporated under Rule 33, such that during the trial when there is really no cause of action, your remedy is to file a demurrer to evidence. Leave of court is NOT needed in civil cases as distinguished from criminal cases. C. Remedy of the parties:  If granted, the dismissal is considered an adjudication of the merit, hence, the remedy is APPEAL.  If denied, the order is merely interlocutory and appeal is not the remedy. Certiorari maybe availed if there is abuse of discretion on the court. D. Difference of demurrer of evidence in civil and demurrer of evidence in criminal case CIVIL CASES CRIMINAL CASES  When the demurrer is denied,  If the demurrer if the accused is the defendant will now present denied, the accused is no his evidence to prove his longer allowed to present defense because the defendant evidence if he had no prior does not waive his right to leave of court present in the event the demurrer is denied  If the defendant’s demurrer is  If the demurrer is granted, granted and the case is there is no more appeal by the dismissed and the plaintiff prosecution because the appeals to the appellate court accused has already been and on appeal the court acquitted. Otherwise, there

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When the court approves a report, the findings of the commissioner becomes the findings of the court.

will be a case of double jeopardy.

 The court may dismiss the action on its own initiative after giving the prosecution the chance to present its evidence.

marriage or for legal separation, the material facts alleged in the complaint shall always be proved. B. Effects of filing a motion for judgment on the pleading: Plaintiff is deemed to have admitted all material and relevant allegations of the opposing party. Exceptions: 1. Irrelevant allegations in the defendant's answer 2. Allegations of damages in the complaint By moving for judgment on the pleading, plaintiff waives his claim for unliquidated damages. Claims for such damages must be alleged and proved.

Rule 34 JUDGMENT ON THE PLEADING

C. How is it done: 1. By motion of the plaintiff 2. By the court's own volition or motu proprio, if the court during pre-trial finds the same to be proper.

A. When to file: 1. Where an answer fails to tender an issue, OR a. when it neither admits nor denies the allegations in the complaint; b. when all the denials in the answer are general denials and not specific

D. When not proper: Judgment on the Pleading is not allowed in the following actions: 1. Declaration of nullity of marriage 2. Annulment of marriage 3. Legal separation

If an answer contains evasive allegations, denials which are general, it does not also tender any issue aside from the fact that it also admits the law. Consider it as an admission of the material allegations of the complaint. Therefore plaintiff will now move for an immediate judgment in his favor.

Because these cases are not subject to compromise. If allowed, then it amounts to circumventing the law in effect allowing collusion.

2. Otherwise admits the material allegations of the adverse party's pleading. SEC. 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

One who prays for judgment on the pleadings without offering proof as to the truth of his own allegations and without giving the opposing party an opportunity to introduce evidence, must be understood to admit all material and relevant allegations of the opposing party and to rest his motion for judgment on those allegations taken together with such of his own as are admitted in the pleadings.

E. (Ask Donna or James)

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reverses the order of dismissal, the appellate court renders judgment immediately in favor of the plaintiff. There is no more remanding and the defendant loses his right to present evidence.  The court cannot on its own initiative, dismiss the case after the plaintiff rests without any demurrer by the defendant. There is no such thing as motu propio demurrer.

Summary judgment procedure is a method for promptly disposing of actions in which there is no genuine issue as to any material fact. A. Summary judgment for claimant: Sec. 1. Summary judgment for claimant. - A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declamatory 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. Rule 35 is similar to judgment on pleadings under Rule 34 but the main difference is: In judgment on the pleadings, the answer does not put up a defense while in summary judgment, here it puts up a defense but the defense is not genuine – it is a false defense which should easily be exposed by way of affidavits for summary judgment. Another name for Summary Judgment is Accelerated Judgment. B. Summary judgment for defending party: 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. C. When applicable: In most cases, summary judgment is applicable to all kinds of civil cases except declaration of nullity of marriage, annulment of marriage, legal separation. Summary judgment is proper only when there is clearly no genuine issue as to any material fact in the action, and if there is any question or controversy upon any question of fact, there should be a trial on the merits. (Agcanad vs. Nagum, L-20707, March 30, 1970)

D. How is it done: 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. How is it done? By filing of a motion for summary judgment with supporting affidavits, depositions or admissions. The motion shall be served at least 10 days before the time specified for hearing. The amount of damages to be recovered by the plaintiff cannot be adjudicated through a motion for Summary Judgment because you still have to present evidence as to how much really be the damages. E. Partial Summary Judgment: 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 proceeding 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.

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Rule 35 SUMMARY JUDGMENT

F. Affidavits and supporting papers 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 of parts thereof referred to in the affidavit shall be attached thereto or served therewith. Forms of affidavits: 1.) Supporting affidavits – to support the motion for Summary Judgment; 2.) Opposing (counter-) affidavits – to oppose the motion for Summary Judgment. Requisites of supporting or opposing affidavits to a motion for Summary Judgment: 1.) The affidavit shall be made based on personal knowledge; 2.) It shall set forth such facts as would be admissible in evidence; 3.) The affiant is competent to testify to the matters stated therein; and 4.) Certified true copies of all papers of 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.

The court may order the defendant or his counsel to pay to the plaintiff the amount of reasonable expense of filing of affidavits, including attorney’s fees. The court may also, after hearing, adjudge the defendant or his lawyer guilty and file a case of perjury for executing a false statement. Filing a case of disbarment against the lawyer for assisting in the filing of an affidavit in bad faith may also be done. Difference between Summary Judgment and Judgment on Pleading Summary Judgment Judgment on Pleading As to the ground No genuine issue of No issue of fact at all fact to be tried to be tried As to how the On the basis of facts On the basis of judgment is rendered appearing in the pleadings only pleadings, affidavits, depositions and admissions on file As to who can ask for Available to both Available only to judgment claimant and defendant claimant because the answer fails to tender an issue. General rule: A motion prays for relief other than through a pleading. The other way of stating it is, a motion prays for relief other than through a judgment because a judgment is prayed in a pleading and not in a motion. So a motion as a rule, cannot pray for immediate judgment. Exception: 1.) Rule 33 – Demurrer to evidence; 2.) Rule 34 – Judgment on the Pleadings; and 3.) Rule 35 – Summary Judgment. RULE 36 JUDGMENT, FINAL ORDERS AND ENTRY THEREOF 5 Requisites for a Valid Judgment: 1.) the court rendering judgment must have jurisdiction over the subject matter;

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The Rule authorizes the rendition of partial summary judgment. Such judgment is interlocutory and hence, not subject to appeal.

B. Decision and Fallo: Decision refers to the entire document prepared by the judge who hears the trial of the case which contains the judge's findings of facts and conclusions of law and all to which it is based.

A. How final judgment is rendered: Sec. 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.

If there's a conflict between the body of the decision and the dispositive portion, general rule is that judgment shall prevail except if it's very clear that the judgment is an error.

A final judgment on the merits if the case must be: 1. in writing (written decision must follow the 15 days) Officially the decision is known to you on the date you received the written judgment. 2. personally and directly prepared by the judge 3. stating clearly and distinctly the facts and the law on which it is based There must be a justification for the dispositive portion. Every decision of every court must state the facts and the law on which it is based. It must be in every court, no exceptions, whether SC or an MTC. However, the Judiciary Law allow the appellate court to make a Memorandum Decision which means a decision by the appellate court affirming that of the lower court to shorten the period of waiting for the decision and in order to hasten it. Furthermore, this is only applicable to simple cases. 4. signed by the judge 5. filed with the clerk of court

Judgment or fallo is the final consideration and determination by a court of the rights of the parties as those rights presently exists, upon matters submitted to it in an action or proceeding. It refers to the dispositive portion that’s found in the last part of the decision which states "Wherefore". The discussions, findings of facts, conclusion of law to justify the fallo is called the reasoning or ratio decidendi.

C. Judgment upon compromise: The judgment that is immediately final and executory, except if there's error, deceit, violence or forgery. You can file an action to set aside or annul the judgment on any of these grounds to the Court of Appeals which has the exclusive original jurisdiction. D. Rendition of judgment, when: The rendition of judgment is reckoned from the moment the signed decision is filed in court, and not its pronouncement in open court. The court must explain the basis of its decision. However, a minute resolution can be issued by the Supreme Court in the dismissal of petitions for review on certiorari. Attack of judgment maybe direct or collateral. Direct attack: a. before finality 1. motion for new trial or reconsideration 2. appeal b. after finality 1. relief from judgment

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2.) the court rendering judgment must have jurisdiction over the person of the defendant, and in case the defendant is a nonresident, the court rendering judgment must have jurisdiction over the res; 3.) the court rendering judgment must have jurisdiction over the issues, that is, the judgment shall decide only the issues raised by the parties in their pleadings; 4.) the court rendering judgment must be validly constituted court and the judge thereof, a judge de jure or de facto 5.) the judgment must be rendered after lawful hearing, meaning that due process must be observed.

annulment of judgment

E. Entry of Judgment and Final Orders: 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.

H. Several Judgments 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. Several judgments is proper where liability of each party is clearly separable and distinct from his co-parties such that the claims against each of them could have been the subject of separate suits, and the judgment for or against one of them will not necessarily affect the other. It is not proper in actions against solidary debtors.

The date of finality of judgment or final order shall be the date of entry. F. Types of Judgment: 1. Judgment for or against one or more of several parties 2. Several judgments 3. Separate judgment 4. Judgment against entity without juridical personality 5. Judgment for specific act 6. Special judgment 7. Judgment non pro tunc G. Judgment for or against one or more several parties 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. It is possible that in one case, one defendant will win and the other defendant will lose if there are different causes of action or defenses.

I. Separate Judgments 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. It is proper when more than one claim for relief is presented in an action and a determination as to the issues material to the claim has been made. The action shall proceed as to the remaining claims.

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2.

Remedies against judgments or final orders: a. Before finality of judgment or final order: 1. Motion for New Trial 2. Motion for Reconsideration; and Appeal b. After finality of the judgment or final order: 1. Relief from judgment or final order 2. Annulment of judgment 3. Petition for certiorari RULE 37 NEW TRIAL OR RECONSIDERATION A Motion for New Trial is the other remedy aside from appeal. The effect of filing this motion is the suspension of the period to appeal. So when your motion is denied, you still have remaining balance of the period to appeal, except if it is a Pro Forma Motion.

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. 1. Fraud, accident, mistake and excusable negligence Fraud Two Types of Fraud: 1. Extrinsic- prevented the party from having a trial or from presenting his case in the court. 2. Intrinsic- based on the acts of the party during the trial which did not affect the presentation of the case, but did prevent the fair and just determination of the case. Example: forged documents or perjured testimony For fraud to be a valid ground, it has to EXTRINSIC.

An aggrieved party may appeal within the appeal period or before the judgment becomes final and executory. A. Grounds for New Trial: 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

Accident It is something unforeseen, unexpected or unanticipated. General rule: A client is bound by the mistakes of his lawyer and he cannot file a motion for new trial on the ground of mistake of his lawyer. Exception: Based on the equity decision that the mistake is so great that party’s right are prejudiced and he is prevented from presenting his cause of action or defense. Excusable Negligence This depends upon the circumstances of the case. 2. Newly discovered evidence

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J. Judgment against entity without juridical personality 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.

Requisites for NDE (must concur): 1. That the evidence is discovered AFTER trial 2. That it could not been discovered during trial even with exercise of reasonable diligence, and 3. That if admitted, such evidence would probably alter the result If the motion is filed AFTER the judgment is rendered, it is called as Motion for New Trial. When the motion is filed BEFORE judgment is rendered, it is called as Motion for Reopening of Trial. The only ground for Motion for Reopening of Trial is interest of justice and hence, subject to discretionary power to no rule other than the paramount interest of justice and will not be reviewed on appeal unless the exercise thereof is abused. B. 1. 2. 3.

Grounds for Motion for Reconsideration The damages awarded are excessive The evidence is insufficient to justify the decision or final order The decision or order is contrary to law.

C. Contents of Motion for New Trial or Reconsideration 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. Form of a motion for new trial: 1. It must be in writing. 2. State the ground or grounds for the motion, whether it is FAME or NDE. 3. Serve a copy of motion to the adverse party. When the ground is FAME, a motion for new trial must be accompanied by facts surrounding FAME and affidavits of merits that you have a meritorious cause of action or defense. Affidavit of merits is one which recites the nature and character of FAME on which the motion is based and stating the movant’s good and substantial cause of action or defense and the evidence he intends to present if the motion is granted, which evidence should be such as to warrant reasonable belief that the result of the case would probably be otherwise. If the motion is filed without the affidavit of merits, it will be immediately denied and considered as a Pro-Forma Motion. Effects of a Pro-Forma Motion: 1. Immediately denied 2. Will not interrupt the running of the appeal period

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Evidence which was discovered after trial, or cannot be discovered during the trial given the exercise of reasonable diligence, and if admitted, such evidence would probably alter the result of the case.

Note: The denial of the motion for reconsideration on the ground that the decision or judgment is wrong does not automatically make a motion a pro-forma. D. Effects when motion is granted: 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. 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. If a new trial is granted, the original judgment or final order shall be vacated, and the action shall stand for trial de novo. However, a trial de novo would depend if: a. If the ground is FAME, there will be a trial de novo because the proceeding will be set aside b. If the ground is NDE, there is no trial de novo. The evidence admitted which is based on the same decision will remain. The case will be opened only for the purpose of admitting the new evidence. When the court grants the motion for reconsideration and finds that excessive damages have been awarded or that the judgment or final order

is contrary to evidence or law, it may amend such judgment or final order accordingly. E. Resolution of Motion: 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. F. Second Motion for New Trial or Reconsideration: 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. Either FAME, or NDE, or both grounds shall be included in the motion. If a motion for new trial, which is based only on FAME, was denied, can there be a second motion for new trial on the ground of NDE? It depends, a.) If the NDE is already existing when the first motion was filed, then the second motion for new trial will be denied because of failure to raise it earlier – the second ground is deemed waived for failure to raise the same; This is considered as a Pro-Forma b.) However, if the ground for the second motion for new trial is something not known or not existing or not available when the party filed the first motion, then the second motion is allowed. The second motion is not a pro forma motion.

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When the ground is NDE, a motion shall be supported by affidavits of the newly discovered witness- or a copy of the newly discovered document; otherwise it is a Pro-Forma Motion.

G. Partial new trial or reconsideration 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. When there is a partial new trial, the court will enter judgment on the undisputed facts, or the court may stay the enforcement until after the new trial. H. Remedy Against Order Denying Motion for New Trial or Reconsideration 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. Under Sec 9, an order denying a motion for new trial or reconsideration is not appealable because it is an interlocutory order. (Sec 41, Sec1). The remedy is an appeal from the judgment or final order. Certiorari under Rule 65 is no longer a remedy pursuant to A.M. No. 07-7-12, dated December 27, 2007.

RULE 38 RELIEF FROM JUDGMENTS, ORDERS, OR OTHER PROCEEDINGS A. Petition for relief from judgment: (FAME) 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. You can file a petition for relief from judgment where you lost and in the same case number. B. Petition for relief from denial of appeal 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. If there is an order denying an appeal because of FAME, you can file a petition for relief not from the judgment but from the order denying such appeal. After the petition is filed, the court shall order the adverse parties to answer within 15 days from receipt. After answer is filed or expiration of the period therefore, the court shall hear the petition. If granted, judgment shall set aside and court shall proceed as if timely motion for new trial has been granted; if granted against denial of appeal, court shall give due course to appeal. New Trial/Reconsideration Must be filed within the appeal period. Judgment is not yet final.

Relief from Judgment Judgment is final within 60 days after petitioner learns of the judgment to be set aside and within

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Two Types of Pro-Forma Motion: 1.) A motion for new trial which is not supported by affidavits of merits – one which does not comply in substance or in form with Section 2; and 2.) A second motion for new trial on a ground available to the party when the first motion was filed (Section 5).

C. Time for filing the petition: 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. Formal requisites for a petition for relief from judgment, or final order: 1. The petition must be verified. 2. The petition for relief must be accompanied with affidavits showing FAME, relied upon and the facts constituting the petitioner’s good and substantial case of action or defense as the case may be. Failure to comply with the above requirements would be fatal and petition will be denied outright. The petition must be filed once the judgment has become final and executor but within 60 days from the time the petitioner learns from the judgment, order or proceedings AND not more than 6 months after such judgment or final was entered. The period fixed by the law is non-extendible and is never interrupted.

E. Order of the Court Requiring Answer 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. F. Preliminary Injunction Pending Proceedings 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. You can ask the court a writ of preliminary injunction to stop the enforcement of the judgment but a bond has to be put up to cover the damages the other party might suffer because of the delay in the execution. G. Hearing of the Petition 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

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A legal right FAME + NDE Judgment on final order

6 months after such judgment is entered. More on equity FAME only Relief from judgment/ order on other proceeding

Who will enforce the judgment? By the very same court which issued the judgment.

In proceedings for relief from judgment, there may be two (2) hearings: 1. hearing to determine whether the judgment or order complained of should be set aside, and 2. if the decision thereon is in the affirmative, a hearing on the merits of the principal case

A. Kinds of Execution:

If the petition is granted, the judgment will be set aside as if it never existed.

As to enforcement: 1. By motion 2. By independent action

H. Procedure Where The Denial of An Appeal is Set Aside: 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 appealed case as if a timely and proper appeal had been made.

RULE 39 EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS Longest and most important rule Litigation ends from the moment the judgment is satisfied through execution. Execution is the enforcement of the final and executory judgment of the court. Otherwise, if not final and executory, it is only an interlocutory judgment. When does the judgment become final and executory? After the lapse of appeal period and no appeal is made. Remedy if the court will refuse? MANDAMUS because execution is a ministerial duty of the court.

As to nature: 1. Compulsory execution 2. Discretionary execution

How is it done? The prevailing party shall file a motion of execution before the very same court which rendered judgment and then the court will issue an order of execution followed by a writ of execution addressed to the sheriff. Do you have to notify the losing party? No, because the motion for execution is a matter of right. Besides, the losing party is aware since he did not appeal from the judgment. The court can grant such motion ex-parte. If the judgment is appealed by the losing party to the CA and the CA affirmed the decision of the RTC and the matter is not elevated to the SC, the execution is still a matter of right. Where do you now file the execution? The execution of judgment shall be filed before the court of origin (RTC). Now, you don’t have to wait for the records from the CA to be delivered to the RTC. You only need to get a certified true copy of the judgment and a certified true copy of the final entry, and attached it to your motion of execution. You can file a motion for execution before CA if the RTC delays your writ but the CA will not issue. The CA will only order the RTC to issue a writ of execution. However, in this instance, you have to notify the losing party and so the RTC cannot grant the writ without conducting a hearing

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timely motion for a new trial or reconsideration had been granted by it.

B. When an execution a matter of right? 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 examination. Two Conditions for Compulsory Execution: 1. The judgment has been disposed already. 2. The period to appeal has expired and no appeal has been filed. Where to file a motion for issuance of a writ of execution? 1. Court of origin 2. Appealed case C. When the court may refuse to issue the writ of execution despite the finality of the judgment: General rule: Judgment is enforceable by execution once it becomes final and executory, except: 1. When subsequent facts and circumstances (supervening events) transpire which render such execution unjust or impossible; Note: The supervening events must occur AFTER the judgment has become final and executory. 2. When the judgment has been novated by the parties;

It could be a change of the parties or change of the terms of the contract. 3. When a petition for relief from judgment is filed and a writ of preliminary injunction is issued; 4. When the judgment has already become dormant, the five year period to enforce it by mere motion having expired; 5. When the judgment is incomplete. The court can still amend a final and executory judgment if: 1. To make corrections of clerical errors; 2. To clarify ambiguity; 3. In judgment for support because it can be amended anytime Can one court by injunction or restraining order stop the execution of a judgment of another court? General Rule: No, because it will amount to interference, except a. There is a pending petition for relief from judgment. b. There is an action for annulment of the RTC filed in the CA. D. Discretionary Execution Section 2. Discretionary execution. – (a) Execution of a judgment or final order pending appeal. – On motion of the prevailing party with notice to the adverse party filed in the trial court while it has jurisdiction over the case and is in the 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 the 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

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because there might be supervening events from the time the RTC rendered a judgment to the time the CA rendered an order.

Discretionary execution refers to the execution of a judgment that has not yet attained finality if there are good reasons for its execution also known as execution pending appeal. Requisites for discretionary execution: 1. There must be a motion filed by the prevailing party. 2. There must be a notice of the motion given to the adverse party. 3. There must be a good reason to execute to be stated in a special order after due hearing. What will happen if there are no good reasons? The writ of execution is void. Where will you file? In the very same court which rendered judgment. When does the trial court lose jurisdiction? 1. When the appeal has been perfected, and 2. The period to appeal has expired However, the trial court can still entertain the motion if the records have not yet been transferred by virtue of RESIDUAL JURISDICTION. After trial court has lost jurisdiction, the motion for execution pending appeal may be filed in the appellate court. The CA has no authority to issue immediate execution pending appeal of its own decision therein. Discretionary execution is allowed in enforcing the collection of actual or compensatory damages because the amount is based on evidence like receipts. Good reasons for execution pending appeal 1. Where the lapse of time will make the judgment ineffective 2. Where the appeal is clearly dilatory

Who determines if the appeal is dilatory? The CA but there was cases in the past where the SC allowed the RTC. However, later on, it ruled that RTC should not determine whether the appeal is dilatory or not. To play safe, if you're the prevailing party and you believed it is dilatory, file it in the CA. 3. Where the judgment is for support 4. Where the article subject of the case would deteriorate 5. Where the defendants are exhausting their income 6. Where the judgment debtor is in imminent danger of insolvency 7. Where the prevailing party is of advanced age Note: The mere filing of the bond would not entitle the prevailing party to an execution pending appeal. The posting of the bond should be an additional good reason. Remedy: Certiorari if granted without basis 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 supersedeas 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. How to prevent execution pending appeal? Supersedeas bond which refers to the money deposited in the court by the movant to answer for whatever damages the other party might suffer by reason of immediate or discretionary execution. How much? It's up to the court. However, the filing of supersedeas bond does not entitle the judgment debtor to the suspension of execution as a matter of right. Hence, where

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as execution of a judgment or final order pending appeal.

General Rule: When a defendant puts up a supersedeas bond, the court shall recall the execution pending appeal, except if there are special and compelling reasons like the judgment for support. E. 1. 2. 3. 4.

Judgment not stayed by appeal: Injunction Receivership Accounting Support Sec. 4. Judgments not stayed by appeal. - Judgments in action 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.

These are actions that are immediately executory. F. Effect of Reversal of executed judgment Section 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 and justice may warrant under the circumstances.

What will happen if judgment pending appeal is executed and the appeal will proceed then it will be reversed? Mutual restitution G. Execution by motion or 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. Execution by motion means that the prevailing party shall ask the court to issue a writ of execution by simply filing a motion in the case within 5 years from the date of entry, otherwise the judgment will become dormant. What is the remedy for a dormant judgment? File another civil action for revival of judgment execution by independent action, wherein defendant can still invoke defenses such as lack of jurisdiction or fraud, but you cannot question the correctness of the original judgment because it is already res judicata. Nature of the action for enforcement of a dormant judgment: 1. To revive the dormant judgment 2. To execute the judgment reviving it Exceptions to the rule on dormant judgment: 1. Judgment for support 2. Special proceedings like land registration proceedings The period of 10 years applies all over again from the finality of the revived judgment. In other words, you have another 10 years. (PNB vs. BONDOC)

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the needs of the prevailing party are urgent, the court can order immediate execution despite such supersedeas bond.

1990

5 years by motion

shall account to the corresponding executor or administrator for any surplus in his hands.

1995

2000

5 years by independent action

10 years Article 1144, Civil Code

5 years by motion

2010

2005 5 years by independent action

10 years last sentence of Section 6

The purpose of the action for revival of a judgment is not to modify the original judgment subject of the action but is merely to give a creditor a new right of enforcement from the date of revival. H. Execution in case of death of a party: Sec. 7. Execution in case of death of party. - In case of the death of a 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 a 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

You have to determine first whether death occurred before or after judgment:  If before judgment, there will be substitution.  If there is a judgment but not yet final, substitution may take place and the executor or administrator of the deceased party will represent. If judgment obligor dies, judgment shall be enforced against the executor or administrator of the estate of the obligor. On the other hand, if judgment obligee dies, the administrator or executor of the estate will be the one to file a motion for execution of judgment once the judgment becomes final and executory.  If judgment is final and executory but no levy yet and judgment obligor dies, the judgment shall be enforced against the estate during the settlement of the estate. Judgment obligee need not file another case and instead present the decision against the administrator or executor. However, if there is a levy already, execution sale shall continue and if there is excess, it shall be given to estate. If deficient, he can ask additional payment from the estate. Note: An appeal is the remedy for an order denying the issuance of a writ of execution. I. Forms and contents of a writ of execution 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 hereinafter provided: (a) If the execution be against the property of the judgment obligor, to satisfy the judgment, with interest,

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Illustration:

A writ of execution is a written order from the court directing the sheriff to enforce the judgment. The important amendment now is that the writ shall state the exact amount to be collected. J. How to execute money judgment 1. Sheriff to demand payment 2. Satisfaction by levy 3. Garnishment of debts and credits

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 any other form of payment acceptable to the latter, the amount of the judgment debt under proper receipt directly 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. (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, and then on the real properties if the personal properties are sufficient to answer for the judgment. (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 possession 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

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out of the real or personal property of such judgment obligor; (b) If it be against real or personal property in the hands of personal representatives, heirs, devisees, legatees, tenants, or trustees of the judgment obligor, to satisfy the judgment, with interest, out of such property; (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.

If the plaintiff is not there, the payment is may be made to the sheriff and he is supposed to endorse it to the clerk of court. If payment be made on check, it has to be payable to the obligee and not to the sheriff. Garnishment is an act of appropriation by the court when intangible property of debtor is in the hands of the third persons, except: a. Usufruct b. Ascertainable interest by the court as mortgagor, mortgagee, or otherwise c. Unused balance of an overdraft account

Garnishee- refers to the debtor of the judgment obligor. If the judgment obligor will not determine which among his intangibles shall be garnished, the judgment obligee will determine. K. Execution of other judgment Sec. 10. Execution of judgments of specific act. Conveyance, delivery of deeds, or other specific acts; vesting title. - If a judgment directs a party to 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 personal property is situated within the Philippines, the court in lieu of directing a conveyance thereof may by 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 persons 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 all such persons therefrom with the assistance, if necessary, or 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

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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 garnishee 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.

The writ of execution is not a sufficient basis for the removal of improvements of the property. Judgment obligee has to get a special order from the court. 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. Two types of judgment: a. Ordinary judgment- orders the defendant to pay money or to deliver a real or personal property. b. Special judgment- requires the defendant to perform an act other than payment of money or deliver the property.

Difference between ordinary and special judgment: A special judgment may be enforced by contempt if the defendant refuses to comply but if in an ordinary judgment, not a ground for contempt. 1. Execution for judgment for specific act -If defendant refuses, he cannot be cited in contempt because it can be done by somebody else. 2. Execution of special judgment -If defendant refuses, he can be cited in contempt. L. Effects of levy on execution 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. 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. Levy means the act or acts by which an officer sets apart or appropriates a part or the while of the property of the judgment debtor for purposes of the prospective execution sale. Levy is a pre-requisite to the auction sale and so if an auction sale is done without levy, it is void. Any kind of property can be levied except for those properties exempt from execution. The law gives the debtor the option to choose which property shall be levied but if he does not exercise such, then the sheriff shall go after the personal properties first and then the real properties if the former is not sufficient.

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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.

(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 exempted by law. Examples of letter (m): 1. Property obtained pursuant to a free patent application homestead 2. SSS benefits pursuant to Social Legislation 3. Property acquired by a tenant pursuant to CARP law. Note: If the properties mentioned above is the subject from which the debt arose, not exempted. N. Return of the writ of execution 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. The writ of execution must be returned to issuing judge within 5 years but the sheriff has to periodically report to the court every 30 days. If after the lapse of 5 years, judgment is not satisfied yet, ask the court an issuance of alias of writ of execution.

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M. Property exempt from execution 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 his 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 professional, not exceeding three hundred thousand (P300,000.00) pesos in value; (h) One fishing boat and accessories not exceeding the total value of one hundred thousand (P100,000.00) 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 for his personal services within the four months preceding the levy as are necessary for the support of his family;

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. SECTION 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 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

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O. Execution sale 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 abovementioned for not less that five (5) days; (c) In case of real property, by posting for twenty (20) days in the three (3) public places abovementioned 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 case, 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

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.

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for damages as a result of the levy, he shall be represented by the Solicitor General and if held liable therefore, 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 (P5,000.00) 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

Who will decide on the third-party claim? The very same court which rendered the judgment but it will not entertain the issue of who is the owner of the property. It will only be limited on the issue of whether the sheriff acted rightfully or wrongfully. Prevailing party has the right to claim damages against the third party claimant for filing frivolous claims. He can claim damages in the same action or in a separate action. Third party claimant cannot file an intervention because intervention can only be done at any time BEFORE judgment. In this scenario, there is already a judgment and in fact it is already in the execution stage. Remedies of a third person who property was seized by the sheriff: 1. Seek relief from the very same court 2. Third-party claim 3. Separate civil action Execution sale shall be done at public auction. If there are many properties levied, you sell the properties one by one.

Persons not allowed to participate in the execution sale: 1. sheriff 2. judge 3. lawyer The refusal of the purchaser to pay can amount to contempt and he can’t be allowed to bid again. The judgment obligee can participate in the auction sale and if he is the highest bidder, he need not pay the judgment obligor by virtue of compensation, except: a. when his bid is higher than the judgment b. when the property which is to be sold is subject of a third party claim If both the obligee and obligor agree in writing, sale may be adjourned to any date and time agreed upon. Without such agreement, sale may be adjourned from day to day if it becomes necessary because of lack of time. P. Conveyance to purchaser of property sold 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. 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.

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REQUISITES FOR NOTICE OF SALE REQUISITES FOR NOTICE OF SALE OF PERSONAL PROPERTY OF REAL PROPERTY  Perishable property: notice  If ≤ 50,000: notice posted in 3 posted in 3 public places for public places for 20 days. such time as may be reasonable  If > 50,000: Publication once a considering the character and week for 2 consecutive weeks condition of the property. and notice posted in 3 public places for 20 days  Other personal property: notice posted in 3 public places not less than 5 days In all cases, written notice of the sale shall be given to the judgment obligor, at least 3 days before the sale, except as provided in paragraph (a) hereof where notice shall be given at any time.

1. Personal property- 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. 2. Real property- the officer must give to the purchaser a certificate of sale containing:  Particular description of the property sold  The price paid for each distinct lot or parcel  The whole price paid by him  A statement that the right of redemption expires one year from the date of registration of the certificate of sale. Such certificate must be registered in the Registry of Property of the place where the property is situated. Is gross adequacy a valid ground for annulment of auction sale? Yes if it is a personal property. No if it is a real property because it would even be beneficial to the judgment obligor to redeem.

Note: The sheriff does not warrant the ownership of the property. The law only warrants the guarantee that you will acquire whatever interest he has. When does the higher bidder acquire ownership of the property sold in an auction sale? a. If it is personal property, the title is transferred after payment of the purchase price and delivery upon the purchase. b. If it is real property, the title is transferred after the expiration of the right to redeem. Can you attack the validity of an auction sale? General Rule: No, because of the presumptions that every fair sale is final and regularity of the performance of the sheriff. Exception: a. There are serious irregularities like no notice, no publication b. The price obtained is shockingly inadequate Note: Letter b is only applicable to personal properties because there is no right of redemption. Q. Redemption 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

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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.

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

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(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

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.

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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

Who can redeem? JUDGMENT DEBTOR Judgment obligor, or his successor in interest

Can the defendant sell his right of redemption to another person? Yes, because the right of redemption is a property by itself. Note: Redemptioners cannot redeem if the judgment debtor redeems. Period of redemption JUDGMENT OBLIGOR Judgment obligor has 1 year from the registration of certificate of sale.

Once he redeems, no further redemption can be allowed.

REDEMPTIONER st 1 redemptioner has 1 year to redeem. nd 2 redemptioner has 60 days to st redeem after the 1 redemption. rd 3 redemptioner has 60 days to nd redeem after the 2 redemption, etc. Further redemption is allowed even after the lapse of 1 year, as long as each redemption is made within 60 days after the last. (Ateneo rev.)

But according to dean, subsequent redemption(s) has to be done within 1 year.  Tender of redemption money may be made to purchaser or sheriff. If it is tendered to the sheriff, the latter has the duty to accept. Medium of payment is cash although certified bank checks are allowed. If the check is dishonored, redemption is invalid. Amounts Payable on Redemption: JUDGMENT OBLIGOR If he redeems from the purchaser: -Purchase price + 1% interest + assessment or taxes If he redeems from a redemptioner: -Redemption price + 2% interest + assessment or taxes

REDEMPTIONER If he redeems from the purchaser: -Same as judgment obligor -Amount of lien, if purchaser is also a creditor with prior lien If he redeems from a redemptioner: -Same as judgment obligor -Amount of liens held by last redemptioner prior to his own, with interest If based on mortgage or other lien, must serve: -memorandum of record, or any assignment, AND -affidavit showing amount due on lien

The judgment obligor has the automatic right to redeem and so he need not prove his right, while the redemptioner must prove his status but this can be waived when the person to whom redemption is made accepts without requiring proof. The judgment obligor continues to be the owner of the real property within the redemption period. The purchaser can ask the court to issue a writ of injunction to restrain the commission of waste on the property.

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REDEMPTIONER One who has lien by virtue of another attachment, judgment or mortgage on property SUBSEQUENT to the lien under which the property was sold. When? When? Within 1 year from the date of 1. Within 1 year from the registration of the certificate of sale date of registration of the certificate of sale; or 2. Within 60 days from the last redemption by another redemptioner. (This has to be done within the 1 year period.- Dean) Note: The redemptioner cannot validly refuse the judgment debtor from exercising the latter’s right of redemption. The 60-day period doesn’t apply to a judgment obligor.

During the period of redemption, the purchaser is NOT entitled to: 1. Possession 2. Receive rents, earnings and income of the property 3. Reimbursements for improvements Upon expiration, when no redemption is made, purchaser is entitled to conveyance and possession of the property. Upon expiration when no redemption has been made within 6 months, the last redemptioner is entitled to conveyance and possession of property. Within 1 year purchaser acquires only the rights, title interest and claim of judgment obligor to the property. Two documents which the sheriff executes in favor of the purchaser: 1. Certificate of sale- issued after the auction sale 2. Deed of conveyance/ Final Deed of Sale- transfer the title of the property to the purchaser. If the debtor refused to vacate, the purchaser can ask the court to issue a writ of possession to take over the property. If a third person occupies the property, there will be a hearing to resolve the issue of whom between the purchaser and the third person has superior right over the property. If the purchaser fails to recover possession, evicted, judgment reversed, rd property exempt from execution, or 3 party vindicated claim, purchaser may, on motion or in a separate action: 1. 2.

Recover the money from the obligee with interest Have the judgment revived and look for other properties of the obligor to execute.

If property is executed against several persons, and more than due proportion has been satisfied, one who pays may compel contribution from the others. If surety pays, he may compel payment from the principal. R. Remedies in Aid of Execution The sheriff has to return the writ and make a report of whether the writ is partially or fully satisfied. In the event the sheriff returns with the writ unsatisfied, the judgment obligee may aid the ff remedies: 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

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All rents, expenses, income and fruits derived during the period of redemption belong to the debtor.

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. Sale of ascertainable interest of judgment obligor in real estate. 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

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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.

If the judgment obligee believes that the judgment obligor has properties, the former may file a motion in court to require the latter to appear in the court and answer the questions regarding the allegedly hidden properties. Upon return of writ of execution, and judgment is still unsatisfied, the creditor may ask the court to require the debtor to appear and his property or income be examined. Any person or corporation who has property of the debtor, or is indebted to the debtor, the court may order such person to be examined to bind the credits due to debtor. If they don’t appear, they can be cited in contempt of the court. You can ask the court to summon the obligors of the judgment obligor to appear in court and they will be asked questions pertaining to the payables due to the judgment obligor. If it really is found, the court may order to freeze the payment and instead pay to the sheriff to answer for the judgment. The garnishee becomes a forced intervenor, requiring him to pay his debt not to the judgment debtor but to the creditor. Refusal to comply can be a ground for contempt. Persons indebted to the judgment obligor may pay the sheriff and the latter’s receipt shall mean a discharge for the amount paid and shall be credited by the obligee on execution.

Court may order property of judgment obligor, or money due him, in the hands of either himself or another, to be applied to the satisfaction of the judgment. If it appears that earnings are more than the necessary for support of family, the court may order that he pay judgment in fixed monthly installments, otherwise, he can be held for indirect contempt. A receiver is an officer of the court who will manage the property of the litigants pending litigation. The purpose of receivership is to preserve the property by placing it in the hands of the court to remove it from the control of a party. If judgment obligor has interest in real estate, receiver may be ordered to sell and convey real estate or interest therein. Person or corporation having property of obligor or indebted to him, claims an interest in property adverse to him or denies debt. Court may: 1. Authorize judgment oblige to institute action against person or corporation for recovery of such interest or debt 2. Forbid transfer or other disposition such interest or debt within 120 days from notice of order; or 3. May punish disobedience of such order as for contempt rd

Court cannot make a finding that 3 person has in his possession property belonging to judgment debtor or is indebted to him and to order said person to pay amount to judgment creditor. Execution may issue only upon an incontrovertible showing that rd 3 party holds property of judgment obligor or is indebted to him.

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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.

S. Satisfaction of Judgment 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.

Entry of satisfaction-when made? a. Upon return of execution satisfied b. Upon filing of admission of satisfaction by creditor c. Upon indorsement of such admission d. Upon order of the court Creditor who compels satisfaction of judgment loses right of appeal. Debtor who voluntary satisfies judgment loses right to appeal, but if he is compelled to pay, he does not lose the right to appeal. Can the plaintiff appeal from a judgment and at the same time move for its execution? It depends upon the nature of the judgment, a. If it is indivisible, you cannot b. If it is divisible, you can

 Satisfaction of Judgment is the compliance with or fulfillment of the mandate thereof. It is not the same as execution as the former refers to compliance with or fulfillment of the mandate of judgment while the latter refers to the method of enforcement of a judgment. Judgment oblige is obliged to execute and acknowledge admission or satisfaction of judgment only if judgment obligor demands.

Tender of payment of judgment  If tender is refused, not necessary to make consignation. Court may direct payment to be paid to the court, and order entry of satisfaction of judgment

Tender of payment of contractual debt  If tender is refused, must consign payment with the court

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Who may compel satisfaction of judgment? 1. By the judgment-creditor by means of execution, or 2. By the judgment-debtor by voluntary payment

 Principal also bound by judgment  Surety should notify the principal and request him to join in defense; surety must still file separate action for reimbursement but principal can no longer set up defenses which he could have set up in the original action

Principal and surety jointly sued  Judgment may be rendered against them jointly and severally  Surety should file a cross-claim for reimbursement

Principal sued alone  Principal has no cause of action against surety

The principal is bound by the same judgment from the time he has notice of the action or proceeding and has been given an opportunity at the surety’s request to join the defense. T. Res Judicata 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 (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. Note: Paragraph a refers to rule on Res Judicata in judgments in rem while paragraph b refers to rule on Res Judicata in judgments in personam. Sec. 48. Effect of foreign judgments or final orders. The effect of a judgment or final order of a tribunal or 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

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Surety sued alone

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. Res judicata is a matter adjudged; an existing final judgment or decree rendered on the merits is conclusive upon the rights of the parties or their privies, in all other actions or suits in the same or any other judicial tribunal, on the points and matters in issue in the first suit. Effects if judgments or final order? Conclusive upon the thing or title to the thing. It also binding upon the parties to the action. Requisites for a res judicata (must concur) 1. Judgment must be final (final and executory) 2. Court must have jurisdiction (RP VS. MOLINA) 3. Judgment must be upon the merits 4. There must be, between the two cases, identity of parties, identity of subject matter, and identity of causes of action. A voidable judgment may be invoked as res judicata. Note: The requisites are same with litis pendentia, only here, the first action is still pending. When there is identity of parties for the purpose of res judicata? 1. When parties in the second action are the same as the parties in the first action; or 2. When the parties in the second action are successors-ininterest of the parties in the first action, such as heirs or

purchasers who acquired title after the commencement of the first action. The doctrine of res judicata applies not only to the decisions of regular courts but can be invoked even in administrative cases. When is there identity of subject matter? If in the second case the same thing is involved or included in the first case. When is there identity of causes of action for the purpose of res judicata? When two actions are based on the same delict or wrong committed by the defendant, even if the remedies be different. Tests to determine whether or not the causes of action are the same: 1. Same evidence test 2. Inconsistency test 3. Cause of action arose only after the judgment of the other Note: However, SC may allow res judicata despite its existence on EQUITY CASES. Res judicata applies only between adverse parties in a former suit, NOT between co-parties. Conclusiveness of judgment Issues are actually and directly resolved in a former suit cannot again be raised in any future case between the same parties involving a different cause of action. Res Judicata or bar by former judgment Refers to same action, claim or demand

Estoppel by judgment or conclusiveness by judgment Refers to another action between same parties but involves different claim

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(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.

There is finality as to the claim or demand in controversy, not only to matters presented, but also to any other admissible matter which might have been presented. Identity of parties, subject matter, cause of action

Judgment merely an estoppel only as to those matters in issue or controverted.

Identity of parties, subject matter only

Res judicata operates between two actions involving the same parties and the same cause of action while Stare decisis refers to cases with different parties. Res Judicata Operates between two parties and the same cause of action Refers to decisions of all court

Stare Decisis Refers to cases different parties

with

Refers only to decisions of Supreme Court

Effect of foreign judgments or final order:  



In case of a judgment upon a specific thing, the judgment is conclusive upon the title to the thing; and In case of a judgment against a person, the judgment 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 maybe repelled by evidence of a want of jurisdiction, want of notice to the party,

If you want to enforce a foreign judgment, how do you do it?

You must have to file a petition for the recognition of the foreign judgment by our court here in the Phil. This is not automatic. Even if there is reciprocity, our court is not bound to the foreign judgment. If it is found out that the foreign judgment is not in accord to the basic requirements of due process, like want of notice, etc., our court has the right not to admit or follow such judgment.

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Absolute bar to subsequent action.