RULE 39 Execution, Satisfaction and Effect of Judgments Section 5-9 Section 5 - Effect of reversal of executed judgment The executed judgment is reversed totally or partially, or annulled, on appeal or otherwise, the trial court may, on motion, issue such orders of restitution or reparation of damages as equity and justice may warrant under the circumstances. Section 6. Execution by motion or by independent action 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, a judgment may be enforced by action before it is barred by the statute of limitations. Section 6. Execution by motion or by independent action The revived judgment may also be executed on motion within five (5) years from the date of its entry. After the lapse of such time, a judgment may be enforced by action before it is barred by the statute of limitations. Section 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: death of the judgment obligee - upon the application of his executor or administrator, or successor in interest death of the judgment obligor - the judgment will be executed 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 Section 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: the death of the judgment obligor - after execution is actually levied upon any of his property, same may be sold for the satisfaction of the judgment obligation, provided that the officer making the sale shall account to the corresponding executor or administrator for any surplus in his hands. Section 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 Section 8. Issuance, form and contents of a writ of execution Manner of executing writ: If judgment against property of the judgment obligor – out of real or personal property with interest If against his real or personal property in the hands of the personal representatives, heirs, devisees, legatees, tenants, or trustees of the judgment obligor – out of that property, with interest If for sale of real or personal property – to sell property, describing it and apply the proceeds in conformity with judgment. Section 8. Issuance, form and contents of a writ of execution Manner of executing writ: If for delivery of possession of property – deliver possession of the same to the party entitled to it, describing it, and to satisfy

1. Section 5-9

2.  The executed judgment is reversed
totally or partially, or annulled, on
appeal or otherwise, the trial court may,
on motion, issue such orders of restitution
or reparation of damages as equity and
justice may warrant under the
circumstances.

3.  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, a judgment may be
enforced by action before it is barred by the
statute of limitations.

4.  The revived judgment
 may also be executed on motion within five (5)
years from the date of its entry.
 After the lapse of such time, a judgment may be
enforced by action before it is barred by the
statute of limitations.

5.  In case of the death of a party, execution may issue or
be enforced in the following manner:
 death of the judgment obligee - upon the
application of his executor or administrator, or
successor in interest
 death of the judgment obligor - the judgment will be
executed 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

6.  In case of the death of a party, execution may issue or
be enforced in the following manner:
 the death of the judgment obligor - after execution is
actually levied upon any of his property, same may be
sold for the satisfaction of the judgment obligation,
provided that the officer making the sale shall
account to the corresponding executor or administrator
for any surplus in his hands.

7.  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

8.  Manner of executing writ:
 If judgment against property of the judgment obligor –
out of real or personal property with interest
 If against his real or personal property in the hands of
the personal representatives, heirs, devisees, legatees,
tenants, or trustees of the judgment obligor – out of that
property, with interest
 If for sale of real or personal property – to sell property,
describing it and apply the proceeds in conformity with
judgment.

9.  Manner of executing writ:
 If for delivery of possession of property – deliver
possession of the same to the party entitled to it,
describing it, 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 out of real property if sufficient personal property
cannot be found.
 In all cases, writ of execution shall specifically state the
amount of the interest, costs, damages, rents, or profits
due as of date of issuance of writ, aside from principal
obligation.

10.  Immediate payment on demand
 judgment obligor the immediate payment of the full
amount stated in the writ of execution and all lawful
fees. If present, the judgment obligor shall pay in cash
certified bank check payable to the judgment obligee, or
any other form of payment acceptable to the judgment
obligee or his representative.

11.  Immediate payment on demand
 If such is not present to receive payment, the judgment
obligor shall deliver the aforesaid payment to the
executing sheriff. The sheriff then will turn over the
amount to the Clerk of Court of the court that issued
such judgment and will arrange the remittance of the
payment to the judgment obligee for the satisfaction of
judgment

12.  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.

13.  Satisfaction by levy
 Priority to levy
 Personal property
 Real Property
 sheriff shall sell only a sufficient portion of the personal
or real property of the judgment obligor which has been
levied upon
 When there is more property of the judgment obligor
than is sufficient to satisfy the judgment and lawful fees,
he must sell only so much of the personal or real
property as is sufficient to satisfy the judgment and
lawful fees

14.  Garnishment of debts and credit
 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 judgment obligor is entitled.
The garnishment shall cover only such amount as will
satisfy the judgment and all lawful fees

15.  Garnishment of debts and credit
 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.

16.  Garnishment of debts and credit
 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

17.  Garnishment of debts and credit
 If 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.