Nature and Purpose of Execution
Execution is the remedy afforded for the satisfaction of a judgment. It is the fruit and end of the suit and the life of the law. The object of execution is to obtain satisfaction of the judgment upon which the writ is issued. Execution is a ministerial duty of the court.
Issuance of Writ of Execution
A writ of execution is issued upon the finality of the judgment, at the instance of the prevailing party, directed to the proper officer, to enforce the judgment. It is issued as a matter of right, on motion, when the judgment has become final and executory. Execution shall issue as a matter of course upon the expiration of the period to appeal or filing of a motion for reconsideration, if no appeal is perfected. Once the judgment is final and executory, the granting of execution is ministerial duty of the court.
Effect of Execution: The Levy
The levy is an essential act by which the property is set apart for the satisfaction of the judgment. The levy is necessary only if the judgment obligor cannot satisfy the judgment in cash, certified check, or any other mode of payment acceptable to the judgment creditor. The property levied upon is placed in custodia legis.
Modes of Execution
Judgments are enforceable against property of the judgment debtor for money judgments.
- Money Judgments: The officer shall enforce the execution of a judgment for money by demanding the immediate payment of the full amount stated in the writ. Payment may be made in cash, certified bank check payable to the judgment obligee, or any other form acceptable to the latter. If the judgment obligor cannot pay the full amount, the officer shall levy upon the properties of the judgment obligor sufficient to satisfy the judgment. The officer must make a demand on the obligor for payment before levying.
- Delivery or Restitution of Real Property: In a judgment for ejectment, the officer shall demand the judgment obligor to vacate peacefully within three working days and restore possession of the property to the judgment obligee.
- Delivery of Personal Property: The officer shall take possession of the personal property and deliver it to the party entitled thereto.
- Execution of a Judgment for the Performance of a Specific Act: If the judgment requires a person to perform a specific act, the court may direct the party to comply. If the judgment directs a conveyance of real or personal property, the court may divest the title and vest it in others.
Properties Subject to Execution
Generally, money judgments are enforceable only against property of the judgment debtor. Property belonging to third persons cannot be levied upon. Properties of the judgment obligor subject to execution include real or personal property. Securities on loans granted by, or properties mortgaged with, the Development Bank of the Philippines are exempt from attachment or levy on execution.
Properties Exempt from Execution
Properties exempt from execution include:
- The judgment obligor's family home as provided by law or the homestead where they reside.
- Ordinary tools and implements personally used by him in his trade, employment, or livelihood.
- 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.
- Salaries arising from Government Service Insurance System (GSIS) benefits.
Remedies Against Execution
- Quashing the Writ: A writ of execution may be quashed or set aside when it appears that it has been improvidently issued; is defective in substance or the required return; the judgment debt has been paid or satisfied; the writ has been issued without authority or the court rendering the judgment had no authority; when the circumstances having changed render execution inequitable; or when the controversy has never been submitted to the judgment of the court. The issuance of a writ of possession is complementary to a writ of execution and is dependent on the validity of the execution proceedings.
- Third-Party Claims: When a third person claims ownership or right over property levied upon, they may file a third-party claim. Property belonging to a third person cannot be levied upon. A third-party claimant may also resort to an independent action to recover ownership or possession of the property. The remedy of an aggrieved party whose property is levied upon and who is not a party to the action is to file a separate action.
Immediate/Discretionary Execution
Discretionary execution refers to execution pending appeal. It is an exception to the general rule that a judgment cannot be executed before the lapse of the period for appeal or during the pendency of appeal. Immediate execution is discretionary, requiring good reasons that justify the action. Good reasons must be compelling circumstances. Financial distress is a reason for discretionary execution. The motion for discretionary execution must be filed with the trial court while it has jurisdiction over the case.
Return of the Writ
The writ of execution is 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 receipt of the writ, the officer shall report to the court and state the reason. The officer shall make a report every thirty (30) days thereafter until the judgment is satisfied in full or its effectivity expires. The lifetime of a writ of execution is five years from the date of entry of the judgment.