Execution of Judgments
Execution is the remedy afforded for the satisfaction of a judgment. It is the process by which a judgment is enforced, allowing the prevailing party to obtain the relief granted. Execution is generally considered a ministerial duty of the court and the sheriff.
Judgments Subject to Execution
Only final and executory judgments may be executed. A judgment becomes final and executory after the period for filing an appeal has lapsed without one being filed, or if having been appealed, it has been finally resolved. Some judgments are immediately executory upon their rendition, such as judgments for injunction, receivership, accounting, and support. Execution pending appeal may also be allowed in certain cases, known as discretionary execution.
Modes of Execution
Execution of judgments can be achieved through different modes, depending on the nature of the judgment.
- Execution by motion is available when the judgment is sought to be enforced within five years from the date of its entry.
- Execution by independent action is required when five years have elapsed from the date of entry of the judgment but before it is barred by the statute of limitations, which is ten years. This involves filing a new action to revive the judgment.
- Execution of money judgments involves levying upon the property of the judgment obligor and selling it at public auction to satisfy the judgment debt. This may include garnishment of debts and credits.
- Execution for specific acts involves compelling a party to perform a particular action as ordered by the court.
- Execution of special judgments follows the specific directive of the court.
Issuance of Writ of Execution
The writ of execution is the judicial process by which the judgment is enforced. It is issued by the court that rendered the judgment. The writ must state the name of the Republic of the Philippines, the name of the court, the case number, the title of the case, the dispositive portion of the judgment or order, and direct the sheriff or other proper officer to enforce it.
Levy and Garnishment
When executing a money judgment, the sheriff must levy upon the property of the judgment obligor. Levy is the act whereby the sheriff sets apart or appropriates the property for the purpose of the execution sale. Garnishment is a species of attachment reaching credits belonging to the judgment debtor in the hands of a third person. The sheriff's duty in conducting a levy is ministerial.
Execution Sale
After a valid levy, the property is sold at public auction. Notice of the sale is required, with specific requirements for perishable, personal, and real property. The sheriff conducts the sale. The purchaser at the execution sale acquires the rights and title of the judgment debtor to the property. The judgment debtor has the right to redeem the property sold within a specific period, usually one year from the date of the registration of the certificate of sale.
Third-Party Claims
When property levied upon is claimed by a person other than the judgment debtor, that person may assert a third-party claim. The third-party claimant may resort to an independent action to vindicate their claim to the property, which may stop the execution on the property not belonging to the judgment debtor. The rule is that no court has the power to interfere by injunction with the judgments or decrees of another court regarding property subject to execution, unless the third party is not a party to the main case.
Stay of Execution
As a rule, an appeal perfects and generally stays the execution of a judgment. Judgments that are immediately executory are exceptions. Discretionary execution may be allowed upon motion of the prevailing party and the posting of a supersedeas bond, which secures the payment of damages that the losing party may suffer if the appeal is successful. The filing of a supersedeas bond may stay immediate execution.
Remedies Against Execution
Remedies against execution include:
- Quashing the writ of execution if it is improvidently issued, defective in substance, or for other valid reasons.
- Filing a petition for certiorari under Rule 65 in exceptional circumstances, such as grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the court or sheriff in implementing the writ.
- Filing an action for annulment of judgment on the ground of extrinsic fraud, which may collaterally attack the judgment upon which the execution is based.
- Claiming exempt property from execution, such as the family home or ordinary tools of trade.
Execution of a final judgment generally cannot be postponed or deferred by the trial court, as it becomes a ministerial duty.
Revival of Judgment
A judgment may be revived by filing an independent action within ten years from the date it became final and executory, provided it has not been executed within five years. This action seeks to enforce the original judgment.