EXECUTION CIV Flashcards

Question

Execution by Motion A final and executory judgment or order may be executed on motion within ---- years from the date of its entry.

Answer 1

5 years from the date of its entry.

Answer 2

After the lapse of 5 years from the date of its entry, a judgment may no longer be enforced by a mere motion but by action. Such independent action for the revival of judgment, however, must be filed before it is barred by the statute of limitations. The revived judgment may also be enforced by motion within 5 years from the date of its entry and thereafter by action before it is barred by the statute of limitations. However, there had been many instances where the Supreme Court, upon meritorious grounds, allowed execution by motion even after the lapse of 5 years. These exceptions have one common denominator, and that is: the delay is caused or occasioned by actions of the judgment debtor and/or is incurred for his or her benefit or advantage.

Answer 3

1. The delay is caused or occasioned by actions of the judgment debtor and/or 2. is incurred for his or her benefit or advantage.

Answer 4

This passage highlights how the law prevents a **judgment obligor (debtor)** from unfairly benefiting by delaying enforcement of a court decision. Breakdown: - **Purpose of Time Limits:** Legal time limits for enforcing judgments exist to ensure that parties fulfill their obligations promptly and don’t evade responsibility. - **Deliberate Delay by the Debtor:** If the judgment obligor **intentionally** causes delay—such as selling property to avoid enforcement—this period should **not count** against the time limit for execution. - **Interruption (Tolling) of the Time Period:** When a case to annul the fraudulent sale is filed and litigated, the **five-year period for enforcement** is paused (*tolled*). This ensures the creditor is **not penalized** for the delay caused by the debtor’s wrongful actions. - **Fairness in Enforcement Timing:** When calculating the deadline for execution, the law **excludes** the time lost due to intentional delays and extends the period accordingly. This prevents the debtor from **escaping** their legal obligation. Key Principle: The law ensures that **justice prevails** by stopping judgment debtors from manipulating time limits to **avoid** fulfilling their duty. If such delays were counted **against** enforcement, debtors could unfairly evade judgment. Let me know if you need any further clarification!

Answer 5

No. The five-year prescriptive period reckoned from the entry of judgment should be observed both by the winning party who filed the motion (judgment obligee/creditor), and the court that will resolve the same. Simply put, the winning party may file the motion for execution within the five-year period; and the court should issue the actual writ of execution pursuant to the motion within the same period. After the lapse of the five-year period, any writ issued by the court is already null and void, since the court no longer has jurisdiction over the issuance of the writ. The Supreme Court made a pronouncement that in order for execution by motion to be valid, the judgment creditor must ensure the accomplishment of two acts within the five-year prescriptive period, as follows: (a) the filing of the motion for the issuance of the writ of execution; and (b) the court's actual issuance of the writ

Answer 6

(a) the filing of the motion for the issuance of the writ of execution; and (b) the court's actual issuance of the writ

Answer 7

Suggested Answer Yes, the issuance of the writ is procedurally infirm. A judgment may be enforced by motion within 5 years from its entry. Hence, the court must also issue the writ of execution within the same period. Any writ issued beyond such period is null and void for want of jurisdiction.

Answer 8

The action for the revival of judgment shall be barred after 10 years reckoned from its entry.

Answer 9

a) In case of the death of the judgment obligee, upon the application of his or her executor or administrator, or successor in interest; b)In case of the death of the judgment obligor, against his or her 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 or her property, the same may be sold for the satisfaction of the judgment obligation, and the officer making the sale shall account to the corresponding executor or administrator for any surplus in his or her hands.

Answer 10

A. If the execution be against the property of the judgment obligor, to satisfy the judgment, with interest, 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 found, then out of the real property. 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.

Answer 11

Time and again, the Supreme Court has consistently held that a sheriff's duty in the execution of a writ is purely ministerial; he or she is to execute the order of the court strictly to the letter. The sheriff has no discretion whether to execute the judgment or not. He or she is mandated to uphold the majesty of the law as embodied in the decision. When a writ is placed in the hands of a sheriff, it is his or her duty, in the absence of any instructions to the contrary, to proceed with reasonable celerity and promptness to execute it according to its mandate. Accordingly, a sheriff must comply with his or her mandated ministerial duty as speedily as possible.12 There is even no need for the litigants to "follow up" a writ's implementation.13 If the writ cannot be satisfied in full within 30 days from receipt thereof, the sheriff is required to submit to the court a report as to the reason thereof. It shall be returned by the sheriff to the court when the same has been satisfied - either partially or in full. If the writ of execution was returned without being fully satisfied, it shall continue to be in effect and an alias writ may be issued from time to time for the execution of the judgment within the five-year period for its enforcement by motion. The sheriff should submit a report to the court every 30 days on the proceedings taken thereon until it has been fully satisfied or the period for its effectivity expires.

Answer 12

The judgment it seeks to enforce.

Answer 13

The **writ of execution derives its validity from the judgment it seeks to enforce.** Hence, it must conform to the terms of such judgment which gives life to it. It cannot exceed the judgment or be wider in its scope. Otherwise, it will not be valid. Thus, where a judgment was rendered on the basis of the compromise agreement entered into by the parties, the execution of such judgment cannot require the performance of an obligation that would enlarge the obligation of the judgment obligor under the compromise. An order requiring such expanded obligation is likewise void. Such writ of execution which alters or varies the judgment may be stayed or quashed. Courts can neither amend nor modify the terms and conditions of a compromise validly entered into by the parties. A writ of execution that varies the respective obligations of the parties under a judicially approved compromise agreement is void. The doctrine on immutability of judgments applies to compromise agreements approved by the courts in the same manner that it applies to judgments that have been rendered on the basis of a full-blown trial. Thus, a judgment on compromise that has attained finality cannot be "modified in any respect, even if the modification is meant to correct erroneous conclusions of fact and law, and whether it be made by the court that rendered it or by the Highest Court of the land." A judgment on compromise may be executed just like any other final judgment in the manner provided in the Rules of Court. Again, the writ of execution derives its validity from the judgment it seeks to enforce. Hence, it must essentially conform to the judgment's terms. It can neither be wider in scope nor exceed the judgment that gives it life. It should not vary the terms of the judgment it is supposed to execute or go beyond its terms. Otherwise, it has no validity. Thus, in issuing writs of execution, courts must look at the terms of the judgment sought to be enforced. Thus, when the judicially approved Compromise Agreement obliged the judgment debtors to deposit the settlement amount in escrow and nothing therein required them to ensure the distribution of the settlement amount to each claimant, a writ of execution which requires such distribution and submission of proof that the same were withdrawn and delivered to each claimant would enlarge the obligation under the compromise and is, therefore, void. If the judgment sought to be executed is for sum of money, a writ of execution ordering the sale of the judgment debtor's mortgaged property was held to be void.

Answer 14

Demand Required 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.

Answer 15

Payment 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 or her authorized representative if present at the time of payment. In no case shall the executing sheriff demand that any payment by check be made payable to him or her. 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. If the judgment obligee or his or her authorized representative is not present to receive payment, the judgment obligor shall deliver the aforesaid payment to the executing sheriff. The latter shall turn over all the amounts coming into his or her possession within the same day to the clerk of court of the court that issued the writ, or if the same is not practicable, deposit said amounts to a fiduciary account in the nearest government depository bank of the Regional Trial Court of the locality. The clerk of said court shall thereafter arrange for the remittance of the deposit to the account of the court that issued the writ whose clerk of court shall then deliver said payment to the judgment obligee in satisfaction of the judgment.

Answer 16

The **proper process for payment** when executing a court judgment. Key Points: 1. **Payment by Judgment Obligor (Debtor)** - The obligor (losing party) must pay the judgment debt in **cash, certified bank check**, or any other form **acceptable** to the judgment obligee (winning party). - Payment must be made **directly to the judgment obligee** or their authorized representative, **if present** at the time of payment. 2. **Restrictions on Executing Sheriff** - The sheriff **cannot demand** that payment by check be made **payable to them**. This ensures transparency and prevents unauthorized handling of funds. 3. **Handling of Lawful Fees** - Any **lawful fees** must be given to the **executing sheriff** under **proper receipt**. The sheriff must turn over these fees **on the same day** to the **clerk of court** that issued the writ. 4. **Procedure When Judgment Obligee is Absent** - If the obligee **or their representative** is **not present**, the obligor must deliver the payment to the **executing sheriff**. - The sheriff must then turn over the amount **the same day** to the court clerk or, if not possible, **deposit the funds** into a fiduciary account at the **nearest government depository bank**. 5. **Final Transfer of Funds** - The **court clerk** arranges for the deposit to be sent to the issuing court's account. - Once received, the clerk of the issuing court **delivers the payment** to the judgment obligee to **satisfy the judgment**. Purpose of These Rules: - Ensures **secure and transparent** handling of payments. - Prevents **misappropriation** of funds. - Guarantees the judgment obligee **receives** the payment promptly. Essentially, this procedure ensures fair execution by **clarifying who handles payment and preventing unauthorized interference**. Would you like further clarification on any part?

Answer 17

The excess, if any, shall be delivered to the judgment obligor while the lawful fees shall be retained by the clerk of court for disposition as provided by law.

Answer 18

If the judgment obligor cannot pay all or part of the obligation, he or she shall be given an option by the sheriff to immediately choose which of his or her property or part thereof may be levied upon. This option is granted to the judgment obligor before the sheriff levies his or her properties and not after. Hence, the judgment obligor should communicate to the sheriff his or her choices before the sheriff implements the levy. The Supreme Court reasoned out that the judgment obligor's failure to seasonably exercise such option, either by deliberate inaction or mere oversight, cannot be countenanced. To allow the judgment obligor to substitute the levied properties according to his or her whims dissipates the court officers' precious time and effort and thereby unduly delaying the execution of the judgment to the damage and prejudice of the prevailing party. Technicalities cannot be invoked to defeat the execution of a judgment which is the fruit and end of the suit and is the life of the law. This passage explains the **process of property levy** when a judgment obligor (debtor) **cannot fully pay** their obligation. **Key Points:** 1. **Choice Given to Judgment Obligor** - If the obligor **cannot pay** the judgment amount, they are **allowed to choose** which of their property should be **levied** (seized) to satisfy the debt. - This ensures the debtor has some control over which assets will be taken. 2. **Must Decide Before Levy Begins** - The judgment obligor must **make the selection immediately** before the sheriff proceeds with levying their properties. - **If they fail to choose**, the sheriff will proceed with the levy **without their input**, selecting assets at their own discretion. **Purpose of the Rule:** - Protects the **rights** of the debtor by allowing them to **prioritize** which of their assets will be used to satisfy the judgment. - Prevents **arbitrary seizure** of assets that might be more crucial for the obligor’s personal or business needs. In short, this provision ensures fairness by **giving the obligor a chance to manage the impact of the levy** while still complying with their legal obligation. Let me know if you need further clarification!

Answer 19

If the judgment obligor did not exercise such option or that the property chosen is not sufficient to satisfy the judgment debt, the officer enforcing the writ 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 sufficient to satisfy the judgment. In doing so, the officer shall first levy on the personal properties, if any, and then on the real properties if the personal properties are insufficient to answer for the judgment. It bears to emphasize that the right of exemption from execution is a personal privilege granted to the judgment debtor and, as such, it must be claimed not by the sheriff but by the judgment debtor at the time of the levy or within a reasonable period thereafter. This passage explains what happens when a **judgment obligor (debtor)** fails to select which of their assets should be used to satisfy a court judgment or if their selected assets are **not enough** to cover the debt. **Key Points:** 1. **Officer's Authority to Levy Assets** - If the obligor **does not choose** assets or if the selected assets **fall short**, the enforcing officer (**sheriff**) will proceed to **seize (levy)** other assets owned by the debtor. - The officer can levy **any property** of the debtor that has value and is **not legally exempt** from execution. 2. **Order of Levy Process** - The officer **must first seize personal property** (e.g., cash, vehicles, jewelry, business equipment). - If personal assets are **not enough**, the officer **moves to real property** (e.g., land, buildings, houses). 3. **Right to Exemption from Execution** - Some assets may be **protected** from seizure due to exemption laws (e.g., essential personal belongings or homestead properties). - However, **this exemption must be claimed by the debtor**—the sheriff **cannot** claim it on their behalf. - The debtor must **assert their exemption rights** at the time of levy or within a reasonable time afterward. **Purpose of the Rule:** This procedure ensures fairness while enforcing a judgment. It prevents debtors from **avoiding their obligations** but also allows them to **protect certain essential assets** through exemptions. At the same time, it ensures the judgment obligee (winning party) gets what they are legally entitled to. Would you like examples of exemptions or further clarification on how levies work?

Answer 20

Levy is defined as the act or acts by which an officer of the law and the court **sets apart or appropriates a part or the whole of the judgment debtor's property** for the purpose of eventually conducting an execution sale to the end that the writ of execution may be satisfied, and the judgment debt, paid. The term "property" comprehends every species of title, inchoate or complete; legal or equitable. Thus, the law authorizes the sale under execution of every kind of property, and every interest in the property which is, or may be, the subject of private ownership and transfer. The real test is whether or not the judgment debtor holds such a beneficial interest in such property that he or she can sell or otherwise dispose of it for value. If he or she does, then the property is subject to execution and for the payment of his or her debts. In Sarmiento vs. Mendiola, it was clarified that it is a basic principle of law that money judgments are enforceable only against property unquestionably belonging to the judgment debtor. Property belonging to third persons cannot be levied upon. A proper levy is indispensable to a valid execution sale. Unless preceded by a proper levy, an execution sale is void and the purchaser in said sale acquires no title to the property sold thereunder. Personal property capable of manual delivery is levied upon by the actual taking thereof by the sheriff or officer enforcing the writ and keeping the same in his or her custody while waiting for their sale. During the period, the property so levied shall be considered in custodia legis. Real property, stocks, shares, debts, credits, and other personal property, or any interest in either real or personal property, may be levied upon in like manner and with like effect as under a writ of attachment. Thus, a real property may be levied upon by filing the copy of the writ of execution and the notice of levy with the registry of deeds where said property is registered. Such levy may include the growing crops thereon. Stocks or shares, or interest therein, of any corporation or company are levied upon by serving the copy of the writ of execution and the notice of levy upon its president or managing agent. This passage explains **levy**, which is the legal process of **seizing** a judgment debtor’s property to satisfy a court-ordered debt. **Key Points:** 1. **Definition of Levy** - Levy involves the **legal appropriation** of a debtor’s assets by a **court officer** (usually a sheriff). - The goal is to prepare the property for an **execution sale**, where it will be sold to generate funds to pay the judgment debt. 2. **What Can Be Levied?** - The law permits seizure of **any type of property**—whether the debtor’s interest is **inchoate (not fully developed)** or **complete**. - The **test** for levy is whether the debtor has a **beneficial interest**—meaning they can sell or transfer the asset for value. 3. **Restrictions on Levy (Sarmiento vs. Mendiola Case)** - **Only the debtor’s property** can be seized. Property belonging to **third parties** cannot be levied. - **Proper levy** is required for the execution sale to be valid—otherwise, the sale is **void**, and the buyer **does not acquire ownership**. 4. **How Levy is Done:** - **Personal Property** (items that can be physically moved) – The officer **takes possession** of the assets and keeps them **in legal custody (custodia legis)** until the sale. - **Real Property** (land, buildings) – The officer **files a writ of execution and notice of levy** with the **registry of deeds**. Growing crops can also be included. - **Stocks, Shares, and Company Interests** – Levy is made by **serving the writ** to the company’s **president or managing agent**. **Purpose of Levy:** Levy ensures that judgment creditors can **recover** what is owed to them by selling the debtor’s assets, but it must be done **correctly and fairly** to protect third-party ownership rights. Would you like a real-world example of how this process plays out?

Answer 21

a) The judgment obligor's family home as provided by law, or the homestead in which he or she resides, and land necessarily used in connection therewith; b) Ordinary tools and implements personally used by him or her in his or her 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 or her in his or her ordinary occupation; d) His or her necessary clothing and articles for ordinary personal use, excluding jewelry; e) Household furniture housekeeping, and used for that purpose by the judgment obligor and his or her family, such as the judgment obligor may select, of a value not exceeding P100,000.00; f) Provisions for individual or family use sufficient for 4 months; g)The professional libraries and equipment of judges, lawyers, physicians, pharmacists, dentists, engineers, surveyors, clergymen, teachers, and other professionals, not exceeding P300,000.00 in value; h) One fishing boat and accessories not exceeding the total value of P100,00.00 owned by a fisherman and by the lawful use of which he or she earns his or her livelihood; i)So much of the salaries, wages, or earnings of the judgment obligor for his or her personal services within the 4 months preceding the levy as are necessary for the support of his or her family; j)Lettered gravestones; 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. Other than the above list, no other property shall be exempt from execution. In addition, no article or species of property mentioned in this section shall be exempt from execution issued upon a judgment recovered for its price or upon a judgment of foreclosure of a mortgage thereon.

Answer 22

The family home is a real right that is gratuitous, inalienable, and free from attachment. Unquestionably, it is exempt from execution. Such exemption from execution, however, cannot exceed the statutory limit.

Answer 23

1. For nonpayment of taxes; 2. For debts incurred prior to the constitution of the family home; 3. For debts secured by mortgages on the premises before or after such constitution; and 4. For debts due to laborers, mechanics, architects, builders, materialmen, and others who have rendered service or furnished material for the construction of the building. The actual value of the family home shall not exceed the amount of P300,000.00 in urban areas, and P200,000.00 in rural areas at the same time of its constitution, or such amounts as may be fixed by law. When a creditor, whose claim is not among those mentioned in Article 155 of the Family Code, obtains a judgment in his or her favor, and he or she has reasonable grounds to believe that the family home is actually worth more than the maximum amount as fixed under the law, he or she may apply to the court which rendered the judgment for an order directing the sale of the property under execution. If the court finds that the actual value of the family home exceeds the meximum amount allowed by law as of the time of its constitution, it may order the sale thereof.

Answer 24

1. there was an increase in its actual value; 2. the increase resulted from voluntary improvements on the property introduced by the persons constituting the family home, its owners, or any of its beneficiaries; and 3. the increased actual value exceeded the maximum allowed under Article 157 of the Family Code.

Answer 25

1. Determine if the obligation falls under either of the exceptions under Article 155 of the Family Code; 2 Make an inquiry into the veracity of the claim that the property was a family home by conducting an ocular inspection of the premises; an examination of the title; conduct interview of members of the community where the alleged family home is located, determine if the person claiming it as family home actually resided within its premises; order a submission of photographs of the premises, depositions,and/or affidavits of proper individuals/parties; or a solemn examination of his or her children and other witnesses. At the same time, the party seeking its inclusion thereof in the execution of the judgment shall be given the opportunity to cross-examine and present evidence to the contrary; If the property is accordingly found to constitute a family home, the court should determine: a) if the obligation sued upon was contracted or incurred prior to, or after, the effectivity of the Family Code; b) if the obligor's spouse is still alive, as well as if there are other beneficiaries of the family home; c) if the obligor has more than one residence for the purpose of determining which of them, if any, is his or 19g orl her family home; and d) its actual location and value, for the purpose of applying the provisions of the Family Code.

Answer 26

Where the previous judgment, even if it has become final and executory, only declared the subject property as a family home, res judicata lies only with respect to such issue if the issue on whether or not a family home could be the subject of an execution sale was not resolved by the trial court.

Answer 27

The salaries, wages, or earnings which are exempt from execution refers only to those derived by natural persons and not to juridical entities. A corporate entity does not fall under this exemption. If at all, such exemption can only refer to its employees. It bears to note that the rule speaks of salaries, wages, and earnings derived from personal services. The reason for such exemption is that such earnings, wages, or earnings are indispensable for his or her family's support. Thus, for these salaries, wages, and earnings to fall within the exemption from execution, the rule further requires that the same be intended for the support of the judgment debtor's family.

Answer 28

Similarly, the exemption of tools and implements from execution pertains only to natural persons and not to juridical persons. An example of such tool or implement is the dentist's dental chair. Guns owned by the security agency which are issued to its guards do not fall within the concept of this exemption.

Answer 29

The 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 or she must sell only so much of the personal or real property as is sufficient to satisfy the judgment and lawful fees.

Answer 30

At the execution sale of a family home, no bid below its value shall be considered. The proceeds of such sale shall be applied first to the amount mentioned in Article 157 of the Family Code, and then to the liabilities under the judgment and the costs. The excess, if any, shall be delivered to the judgment debtor.

Answer 31

Before the sale on execution of the property levied upon, a written notice of such sale must be given as follows:

Answer 32

conspicuous areas of the **municipal or city hall, post office, and public marke**t 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.

Answer 33

In the sale of personal property which is not perishable in character, notice is given by posting a similar notice in the three public places as mentioned above for not less than 5 days. This passage explains the **notice requirement** for selling **non-perishable personal property** under execution. **Key Points:** - **Non-Perishable Property Defined** – This refers to personal property that **does not deteriorate or spoil** over time, such as vehicles, furniture, jewelry, or equipment. - **Notice Posting Requirement** – A **public notice** of the sale must be posted in **three public places** (such as the municipal hall, post office, and public market). - **Minimum Notice Period** – The notice must be posted for at least **five days** before the sale to **inform potential buyers** and allow time for public awareness. **Purpose of This Rule:** - **Ensures Transparency** – The public is made aware of the sale, preventing secret or unfair auctions. - **Allows for Competitive Bidding** – Interested buyers have sufficient time to **prepare and participate**, leading to **fair market value** for the property. - **Protects the Judgment Debtor** – A **proper notice period** ensures that the debtor’s property is **sold in a reasonable manner**, preventing rushed or undervalued sales. Would you like an example of how this process works in real cases?

Answer 34

If the property to be sold is a real property, the notice of sale shall particularly describe the property to be sold and shall state the date, time, and place where such property is to be sold. Said notice shall be posted in three public places in the city or municipality where the sale is to take place, preferably in conspicuous areas of **the municipal or city hall, the post office, and the public market.** If the assessed value of the property exceeds P50,000,000, said notice is also required to be published once a week for two consecutive weeks in a newspaper selected by raffle. This newspaper may be in English, Filipino, or any major language published, edited and circulated in the province or city. In the absence thereof, in a newspaper of general circulation in the province or city. This passage explains the **notice requirements** for selling **real property** under execution. **Key Points:** 1. **Detailed Property Description** - Before a property is sold, a **notice of sale** must be created. - The notice must **clearly describe** the property and state the **date, time, and place** of the sale. 2. **Posting in Public Places** - The notice must be **posted in three public locations** within the city or municipality where the sale will take place. - Preferred locations include: - **Municipal or city hall** - **Post office** - **Public market** - These locations ensure that interested buyers and stakeholders **have access to the sale information**. 3. **Additional Requirement for High-Value Properties** - If the **assessed value** of the property is **above PHP 50,000,000**, the notice must also be **published in a newspaper**. - It must be published **once a week for two consecutive weeks**. - The newspaper selection is done **by raffle**, ensuring fairness and impartiality. - The newspaper may be in **English, Filipino, or any major local language** commonly used in the province or city. - If no local newspaper is available, the notice should be published in a **newspaper of general circulation**. **Purpose of These Requirements:** - Ensures **transparency** and **public awareness** of the sale. - Gives potential buyers **sufficient notice** to participate in the auction. - Prevents **secret or unfair sales** of property by requiring public posting and newspaper announcements. This system ensures fairness in property execution sales, especially for high-value assets. Would you like me to clarify any part further?

Answer 35

In all such cases, the notice of sale shall be given to the judgment obligor at least 3 days before the scheduled sale except in the sale of perishable property. The notice of sale shall be given in the same manner as personal service of pleadings and other papers as provided under 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.

Answer 36

An officer selling the levied property without the required notice shall be liable to pay punitive damages in the amount of P5,000.00 to any person injured thereby, in addition to the actual damages. Such damages may be recovered by motion in the same action. Any person willfully removing or defacing the notice posted before the sale, or before the satisfaction of the judgment shall be liable to pay P5,000.00 to any person injured by reason thereof, in addition to the actual damages, to be recovered by motion in the same action.

Answer 37

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. his passage explains the judgment obligor’s (debtor’s) right to stop the sale of their property before it is officially executed. Key Points: - Stopping the Execution Sale – If a debtor's property has been levied for execution, they can prevent the sale by paying off the required amount before the sale happens. - Amount to Be Paid – The debtor must pay:- The judgment debt as ordered by the court. - Any additional costs incurred during the execution process (e.g., court fees, sheriff's expenses). - Timing Is Crucial – Payment must be made before the sale is conducted. Once the sale happens, the property is transferred to the highest bidder, and the debtor loses ownership. Purpose of This Rule: - Protects the Debtor – It gives the debtor a final opportunity to retain their property. - Ensures Fair Enforcement – The law ensures that the judgment obligee (creditor) gets their rightful payment while allowing the debtor to avoid asset loss if they can settle the debt

Answer 38

The place of the sale may be agreed upon by the parties. In the absence of such agreement, the sale of the property or personal property not capable of 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 of execution. Where execution was ordered by the appellate court, the sale shall be held in the place which was designated by the appellate court in the absence of such agreement by the parties. In the case of personal property capable of manual delivery, the sale shall be held in the place where the property is located. This passage outlines **where the execution sale** of a judgment debtor’s property should take place, depending on whether the parties agree on a location or not. **Key Points:** 1. **If the Parties Agree on a Location:** - The **judgment obligor** (debtor) and **judgment obligee** (creditor) can **mutually decide** where the sale will be held. - This allows flexibility if both parties prefer a specific location. 2. **If No Agreement is Made:** - The sale of **real property** (land, buildings) or **personal property that cannot be manually delivered** (such as shares, credits, or assets stored in a fixed location) must take place in the **clerk of court’s office** at the **Regional Trial Court or Municipal Trial Court** that issued the writ of execution. - If the **appellate court** ordered the execution, the sale is conducted in the **location designated by the appellate court**, unless the parties have agreed otherwise. 3. **Personal Property That Can Be Moved:** - If the property is **capable of manual delivery** (such as jewelry, vehicles, or furniture), the sale is **held where the property is physically located**. - This ensures buyers can **inspect** the property before bidding and prevents unnecessary transportation. **Purpose of These Rules:** - Ensures the **proper handling** of the execution sale. - Provides **fairness** by allowing parties to decide on a sale location. - Prevents logistical issues when selling **movable personal property**. Would you like more details on how execution sales are conducted or specific examples?

Answer 39

All sales of property under execution must be made at public auction to the highest bidder. Said sale shall start at the exact time fixed in the notice. After sufficient property has been sold to satisfy the execution, no more of the property shall be sold and any excess property or proceeds of the sale shall be promptly delivered to the judgment obligor or his or her authorized representative, unless otherwise directed by the judgment or order of the court. When the object of said sale is a real property consisting of several known lots, they must be sold separately. When a portion of such real property is claimed by a third person, he or she may require it to be sold separately. When the sale is of personal property capable of manual delivery, it must be sold within the view of those attending the same and in such parcels as are likely to bring the highest price. When the property to be sold consists of several known lots or parcels, real or personal, which would be advantageous if sold separately, the judgment obligor may direct the order in which such property shall be sold if he or she is present at the sale. This passage outlines the **rules for selling property** that has been **levied for execution** to satisfy a judgment. **Key Points:** 1. **Public Auction Requirement** - All execution sales **must be conducted as public auctions**. - The property is sold to the **highest bidder**, ensuring fairness and transparency. - The auction **must begin exactly at the time specified in the notice**. 2. **Selling Only What is Necessary** - Once **enough property has been sold** to satisfy the judgment debt, **no more assets** should be sold. - Any **excess property or sale proceeds** should be **returned to the judgment obligor (debtor)** or their representative. - If the court issues a specific order regarding excess funds, it **must be followed**. 3. **Rules for Selling Real Property (Land & Buildings)** - If the real property consists of **multiple known lots**, they **must be sold separately**, not bundled together. - If a **third party claims part** of the property, they can request that their portion **be sold separately** to protect their interest. 4. **Rules for Selling Personal Property (Movable Assets)** - Items that **can be manually delivered** (such as vehicles, jewelry, or equipment) **must be sold in view of the auction attendees**. - The property should be divided into **parcels likely to bring the highest price** to maximize sale value. **Purpose of These Rules:** - **Ensures fair auctions** where assets are sold transparently. - **Protects the debtor** by preventing unnecessary asset loss. - **Allows third parties to safeguard their property rights**. This passage explains the **judgment obligor's (debtor's) right** to influence how their property is sold at an execution sale. **Key Points:** 1. **Multiple Lots or Parcels** - If the property to be sold consists of **several separate lots or parcels**, whether **real (land, buildings) or personal (vehicles, equipment)**, it may be **more beneficial** to sell them **individually** rather than as a single bulk sale. - Selling them separately can **maximize the value** and ensure a better return. 2. **Judgment Obligor’s Right to Direct the Sale Order** - If the **debtor is present** during the auction, they can **choose the order** in which their assets will be sold. - This allows the debtor to prioritize certain properties **to minimize financial loss** or to satisfy the debt using specific assets. 3. **Limited Influence Over Sale Outcome** - The debtor **can only influence the order**, not whether the sale happens. - If they are **absent**, the enforcing officer or auctioneer will determine the **sale sequence**. **Purpose of This Rule:** - **Provides fairness** by allowing the debtor a say in how their assets are liquidated. - **Ensures efficiency** in asset sales, particularly when certain lots are likely to generate more value when sold separately. Would you like more details on how execution sales are structured?

Answer 40

Neither the officer conducting the execution sale, nor his or her deputies, can become a purchaser, nor be interested directly or indirectly in any purchase at such sale.

Answer 41

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, the officer 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. This passage explains the **rules for postponing an execution sale** of property when a judgment is enforced. **Key Points:** 1. **Adjournment by Agreement:** - If the **judgment obligor (debtor) and judgment obligee (creditor)** **agree in writing**, the sale may be postponed to a **new date and time** of their choosing. - Their **authorized representatives** can also provide written consent for the postponement. 2. **Adjournment Without Agreement:** - If the parties **do not** reach an agreement, the **officer in charge of the sale** (often a sheriff) **can still adjourn** the auction **day by day** if necessary. - This happens when there is **not enough time** to complete the sale on the scheduled date or on a previously adjourned date. **Purpose of This Rule:** - **Ensures fairness** by allowing parties to reschedule the auction under mutual consent. - **Prevents rushed or incomplete sales** when additional time is needed. - **Gives flexibility** to the auction process while maintaining transparency and proper execution. Would you like more details on how execution sales work in practice?

Answer 42

If a purchaser refuses to pay the amount bid by him or her for property struck off to him or her 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. The officer may thereafter reject any subsequent bid of such purchaser who refuses to pay. However, the court may order the refusing purchaser to pay into the court the amount of such loss, with costs, and may punish him or her for contempt if he or she 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.

Answer 43

When the purchaser is the judgment creditor, and no third-party claim has been filed, he or she need not pay the amount of the bid if it does not exceed the amount of the judgment debt. If it does, he or she shall pay only the excess. This passage outlines the **payment rules** for a judgment creditor (the winning party in a lawsuit) when they purchase property at an execution sale. **Key Points:** 1. **Judgment Creditor as the Buyer** - If the **judgment creditor (winner of the case)** decides to purchase the **auctioned property**, they do **not** have to pay the bid amount **if it is equal to or less than the judgment debt** owed to them. - This means they can **offset** their bid using the money already owed to them by the judgment obligor (debtor). 2. **When the Bid Exceeds the Judgment Debt** - If the **creditor’s bid is higher** than the amount owed, they **must pay only the excess**. - Example: If the judgment debt is **₱500,000**, and the creditor **wins the auction with a bid of ₱600,000**, they **only need to pay the extra ₱100,000**. 3. **No Third-Party Claims Affecting the Sale** - The creditor does **not** have to make any payment adjustments as long as **no third party** has filed a claim on the property being auctioned. **Purpose of This Rule:** - **Makes debt recovery easier** – The creditor can reclaim part or all of the debt **without needing additional funds**. - **Ensures fairness** – The creditor only pays for **extra value beyond what is owed**, preventing them from unfairly profiting from the process. Would you like an example of how this works in real cases?

Answer 44

The officer may levy on debts due to 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 by way of garnishment. This manner of levy shall be made by serving notice upon the person owing such debts or having in his or her 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. This passage explains how an officer can **levy** or seize financial assets owed to the **judgment obligor (debtor)** through **garnishment**. **Key Points:** 1. **Types of Assets That Can Be Levied** - The officer can **seize debts owed to the debtor** and financial assets such as: - **Bank deposits** - **Financial interests** (stocks, bonds, dividends) - **Royalties** (payments from intellectual property) - **Commissions** (earnings from sales or contracts) - **Other personal property** that **cannot be physically delivered**, meaning intangible assets held by third parties. 2. **Garnishment Process** - To execute a levy, the officer **must serve notice** to the **third party** holding or controlling the debtor’s financial assets. - This third party may be **a bank, company, or individual** who owes the debtor money or manages their funds. 3. **Limits on Garnishment** - The garnishment **only covers the amount necessary** to satisfy the **judgment debt** and all **lawful fees**. - The officer **cannot seize more than what is needed**, protecting the debtor from excessive asset loss. **Purpose of This Rule:** - **Ensures debts owed to the debtor can be used to pay their own financial obligations.** - **Provides a legal way for creditors to recover funds even if the debtor does not have physical assets available.** - **Prevents unfair overreach by limiting garnishment to what is strictly necessary.** Would you like me to explain how garnishment applies in real-world cases?

Answer 45

In effecting levy by garnishment, the sheriff serves the notice of garnishment upon the bank or other third parties who may be in possession of money, royalties, commissions, or other personal property belonging to the judgment debtor. Upon receipt of the notice of garnishment, the garnishee shall make a written report to the court within 5 days from service thereof 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 sheriff or officer enforcing the writ shall then serve upon the garnishee an order for the delivery of the garnished amount in cash or certified check which shall be issued in the name of the judgment obligee. The same shall be delivered directly to the judgment obligee within 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 creditor. This passage explains the **process of garnishment**, a legal method used to seize funds or assets held by third parties to satisfy a court-ordered judgment. **Key Points:** 1. **Initiating Garnishment:** - The **sheriff or enforcing officer** serves a **notice of garnishment** to a **bank or other third parties** that hold money, royalties, commissions, or any personal property belonging to the **judgment obligor (debtor).** - These third parties are known as **garnishees**, meaning they are in possession of assets owed to the debtor. 2. **Garnishee’s Obligation:** - Once the garnishee **receives the notice**, they must submit a **written report to the court within five days**. - The report should **confirm whether the judgment obligor has enough funds** to cover the judgment debt. - If the funds are **insufficient**, the garnishee must **disclose the exact amount** they are holding. 3. **Delivery of Garnished Funds:** - The sheriff **orders the garnishee to release the funds**, either in **cash or a certified check**, payable to the **judgment obligee (the creditor).** - The funds **must be delivered within 10 working days** from when the garnishee was served the notice of delivery order. - **Lawful fees** related to the execution are **paid separately to the court.** 4. **Handling Multiple Garnishees:** - If **more than one garnishee** holds deposits or credits that can satisfy the debt, the **judgment obligor (debtor)** has the right to **choose** which garnishee(s) should deliver payment. - If the debtor **is unavailable** or does not make a selection, the **judgment creditor** will decide. **Purpose of These Rules:** - **Ensures fair execution** of court orders without improper asset seizure. - **Provides transparency** by requiring garnishees to disclose the debtor’s funds. - **Protects the debtor’s interests** by allowing them to designate where payments should come from. Would you like real-world examples of garnishment in legal cases?

Answer 46

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 by some other person appointed by the court at the cost of the disobedient party. When such act as directed by the court is so done, it shall have like effect as if done by the party. For real or personal property situated within the Philippines, the court may issue an order divesting any party of the title thereof and vest it in others in lieu of directing a conveyance thereof. Such order shall have the force and effect of a conveyance executed in due form of law. This passage explains the **court’s authority to enforce specific judgments** when a party fails to comply. **Key Points:** 1. **Court-Ordered Actions When a Party Fails to Comply:** - If a judgment requires a party to **transfer land, personal property, deliver documents, or perform a specific act**, but they **refuse or fail** to do so, the court **can appoint another person** to carry out the act on their behalf. - The **disobedient party** will bear the cost of this enforcement. - Once the act is performed **by the appointed person**, it has **the same legal effect** as if the original party had complied. 2. **Divesting and Vesting of Property Titles in the Philippines:** - If the judgment involves **real or personal property** within the Philippines, the court may **issue an order transferring ownership** directly. - Instead of waiting for the disobedient party to execute the transfer, the court **can strip them of their title** and **grant it to another party**. - Such an order carries **the same legal power** as a formal conveyance (legal transfer). **Purpose of This Rule:** - **Prevents obstruction** – Ensures court decisions are not ignored or delayed by uncooperative parties. - **Guarantees rightful ownership transfers** – Protects those who have a legal right to receive property or documents. - **Strengthens judicial enforcement** – Courts have the power to directly enforce compliance when needed. Would you like a real-world example of how this rule applies in legal cases?

Answer 47

If the judgment be for the sale of real or personal property, the court shall direct to sell such property, describing it, and apply the proceeds in conformity with the judgment. This passage outlines the **court's authority** to order the sale of property as part of enforcing a judgment. **Key Points:** 1. **Court-Ordered Sale of Property** - If the judgment requires the sale of **real or personal property**, the court will **direct the sale** through legal execution. - The property must be **properly described** in the order to ensure clarity in the sale process. 2. **Application of Sale Proceeds** - Once the property is sold, the **proceeds must be used strictly in accordance with the judgment**. - This ensures that the funds go **toward satisfying the debt** or fulfilling the court's decision. **Purpose of This Rule:** - Ensures the **proper execution of court judgments**. - Prevents misallocation of sale proceeds. - Guarantees that judgment creditors receive the amount they are legally entitled to. Would you like an example of how this process applies in a real case?

Answer 48

The officer shall demand from the person against whom the judgment for the delivery or restitution of real property is rendered and all persons claiming rights under him or her to peaceably vacate the property within 3 working days and restore possession thereof to the judgment obligee. If the person against whom such judgment was rendered fails or refuses to comply with such demand, the officer shall oust all such persons therefrom with the assistance, if necessary, of 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 by the judgment shall be satisfied in the same manner as a judgment for money. As a general rule, the writ of execution should conform strictly to every essential particular and the dispositive portion of the judgment to be executed. It cannot go beyond the terms of the judgment it seeks to enforce nor beyond the terms of the judgment sought to be executed. An execution is void if it is in excess of and beyond the original judgment or award. Nonetheless, the Supreme Court had held that a judgment is not confined to what appears on the face of the decision. It also extends to those necessarily included therein or necessary thereto. Thus, where the ownership of a parcel of land was decreed in the judgment, the delivery of possession of the land was considered included in the decision where the defeated party's claim to possession was based solely on his or her claim of ownership. According to it, a judgment for the delivery or restitution of property is essentially an order to place the prevailing party in possession of the property. If the defendant refuses to surrender possession of the property to the prevailing party, the sheriff or other proper officer should oust him or her. No express order to this effect needs to be stated in the decision. This passage explains how the **court ensures the enforcement of judgments** related to the **delivery or restitution of real property**, making sure the rightful owner regains possession. **Key Points:** 1. **Demand to Vacate** - When a **judgment orders the return of real property**, the **officer in charge** (e.g., sheriff) must **demand** that the losing party (**judgment obligor**) and anyone **claiming rights under them** vacate the property within **three working days**. - The property must then be returned to the **judgment obligee** (winning party). 2. **Forced Eviction for Non-Compliance** - If the **obligor refuses to vacate**, the officer has the authority to **forcibly remove** them. - Law enforcement officers may assist if needed. - The officer may use **reasonable means** to take back possession and ensure the property is handed over. 3. **Payment of Costs and Damages** - If the court awarded **costs, damages, rents, or profits** to the judgment obligee, these must be settled **just like a financial judgment**, meaning assets may be seized if the obligor fails to pay. 4. **Strict Execution of Judgments** - A **writ of execution** must **strictly follow** the court’s ruling. - It **cannot exceed or alter** the original judgment. - If an execution **goes beyond the court’s order**, it is **invalid (void)**. 5. **Supreme Court Interpretation – Possession is Included in Ownership Judgments** - The Supreme Court ruled that a judgment declaring someone as the **owner** of land **also implies they should receive possession**. - If the defeated party’s **claim to possession is based solely on ownership**, then possession **must be delivered** as part of the judgment. 6. **Sheriff’s Authority to Enforce Restitution** - The sheriff does **not** need an **explicit order** to oust the losing party if they refuse to surrender the property. - Their duty is to ensure that the **prevailing party takes possession**, even if the judgment does not directly mention eviction. **Purpose of These Rules:** - Prevents **stalling tactics** by the losing party. - Ensures the **rightful owner regains possession** without unnecessary delays. - Allows **court officers to enforce decisions efficiently** while ensuring legal compliance. Would you like additional details on how court-ordered evictions work? **"Delivery or Restitution of Real Property"** refers to the legal process of **returning possession** of land or buildings to the rightful owner or judgment obligee. This typically occurs when a court orders a party to **vacate and surrender** real estate after a legal dispute. **Key Points:** - **Delivery** – The physical handover of property to the rightful owner. - **Restitution** – The restoration of possession when someone **wrongfully held or occupied** the property. - **Court Enforcement** – If the obligated party (**judgment obligor**) fails to comply, the court can enforce the order through legal officers, such as sheriffs. - **Timeframe for Compliance** – The judgment obligor and those claiming rights under them are often given a deadline (e.g., **3 working days**) to vacate. **Purpose:** This ensures that real property is **lawfully returned** to its rightful owner, preventing illegal occupation or disputes over possession. Would you like a real-world example of how this process works?

Answer 49

As further explained by the Supreme Court, the removal of the improvements on the land under these circumstances is deemed read into the decision. Thus, it is not necessary for the decision to contain a categorical statement that in such event, the sheriff or other proper officer shall have the authority to remove the improvements on the property if the defendant failed to do so within a reasonable period of time. However, when such property contains improvements constructed or planted by the judgment obligor or his or her agent, the officer enforcing the writ of execution may only remove the same if there is a special order issued by the court for the removal thereof. This passage clarifies the **removal of improvements on real property** when a court orders its restitution to the rightful owner. **Key Points:** 1. **Implied Authority for Removal** - If the court orders the return of land, **the removal of improvements on it is automatically included in the decision**. - A **specific statement in the ruling** about removal **is not needed**—the sheriff or court officer can proceed if the judgment obligor does not remove them within a reasonable time. 2. **Restrictions on Removing Certain Improvements** - If the **improvements (buildings, plants, structures)** were **built or planted by the judgment obligor (debtor) or their agent**, they **cannot be removed** without a **special order from the court**. - This ensures fairness, as some improvements might belong to the obligor or have substantial value. **Purpose of These Rules:** - **Prevents delays** in returning property to the rightful owner. - **Ensures due process** for improvements that could belong to the obligor. - **Limits arbitrary removal**—only necessary improvements can be removed without an additional court order. Would you like an example of how courts apply this rule in real cases?

Answer 50

The demolition or removal of such improvements may be done only after the judgment obligor has failed to remove it within a reasonable time fixed by the court. The officer enforcing the judgment must be armed with that special order issued by the court upon motion of the judgment obligee.

Answer 51

In judgment 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 provided in the judgment.

Answer 52

When a judgment requires the performance of any act other than those mentioned in the preceding discussions, 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. Such party or person may be punished for contempt if he or she disobeys such judgment. The service and execution of a special judgment is limited to directing compliance with the judgment itself. In case of disobedience on the part of the person required by said judgment it, he or she may be punished with contempt. This passage explains how **special judgments**—court orders that require actions beyond typical property restitution or financial payments—are enforced. **Key Points:** 1. **Certified Judgment Copy & Writ of Execution** - If a judgment **requires a specific act** (not previously discussed), the **court officer must attach a certified copy of the judgment** to the **writ of execution**. - This ensures that the person subject to the judgment **understands their legal obligation**. 2. **Service of the Judgment** - The **officer must serve** the writ and judgment to: - The **party against whom the judgment was rendered** (the obligor). - **Any other person required to comply**, according to law. 3. **Contempt for Non-Compliance** - If the obligated party **refuses or fails to obey** the judgment, the court **may punish them for contempt**. - Contempt is a **legal penalty** that may include fines, sanctions, or imprisonment to **compel compliance**. 4. **Execution Limits for Special Judgments** - The **writ of execution** for special judgments **only directs compliance**—it **does not go beyond** enforcing the act required by the judgment. - If a person **refuses to comply**, they face **contempt penalties**, but the officer **cannot take additional enforcement actions** beyond what the judgment specifies. **Purpose of This Rule:** - **Ensures that court-ordered actions are followed.** - **Provides consequences for non-compliance to uphold the authority of the court.** - **Limits enforcement to the judgment’s specific terms, preventing excessive execution.** Would you like an example of how this applies in real legal cases?

Answer 53

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. This passage explains the **effect of a levy on execution** when enforcing a court judgment. **Key Points:** 1. **Creation of a Lien in Favor of the Judgment Obligee** - When an officer levies (seizes) the property of the **judgment obligor (debtor)**, it **creates a legal lien**. - This lien benefits the **judgment obligee (creditor)**, meaning they now have a **legal claim** over the obligor’s **rights, title, and interest** in the property. - The lien secures the property so it can eventually be sold to satisfy the judgment debt. 2. **Lien Applies at the Time of Levy** - The lien is **effective from the moment the levy is made**. - This means any changes in ownership or transfers **after the levy** do not affect the obligee’s claim. 3. **Subject to Existing Liens and Encumbrances** - If the property already has **prior liens or encumbrances** (e.g., mortgages, loans, unpaid taxes), the new lien created by the levy **does not override these existing claims**. - This ensures that **previously recorded debts or legal obligations** tied to the property remain valid. **Purpose of This Rule:** - **Protects the creditor’s right to collect the judgment debt** through the levied property. - **Prevents the debtor from disposing of the property after the levy** to avoid payment. - **Maintains fairness in handling competing claims on the property** if it has existing liens or financial obligations. Would you like an example of how liens and levies work in real cases?

Answer 54

The power of the court in executing judgments extends only to properties unquestionably belonging to the judgment debtor alone. An execution can be issued only against a party and not against one who did not have his or her day in court. The duty of the sheriff is to levy the property of the judgment debtor not that of a third person. For, as the saying goes, one man's goods shall not be sold for another man's debts. Thus, if the property levied by virtue of a writ of execution is claimed by a third person who is not the judgment obligor, the Rules provide for the remedy of such third-party claimant, known as terceria. If the property levied on is claimed by any person other than the judgment obligor or his or her agent, such person shall serve upon the officer making the levy an affidavit of his or her title thereto or right to the possession thereof stating the grounds of such right or title. The judgment debtor shall also be furnished with a copy of said affidavit. Thus, a third person whose property was seized by a sheriff to answer for the obligation of the judgment debtor may invoke the supervisory power of the court which authorized such execution by serving on the officer making the levy of such affidavit of his or her title and a copy thereof upon the judgment creditor. For this remedy of terceria to prosper, the claim of ownership or right of possession to the levied property by the third-party claimant must first be unmistakably established. This passage outlines the **limits of court execution** and explains the legal remedy known as **terceria**, which protects third parties from wrongful property seizure. **Key Points:** 1. **Execution Applies Only to the Judgment Debtor’s Property** - The court **can only enforce judgments** against the **property belonging to the debtor**, not assets owned by **third parties**. - A sheriff **must levy only the debtor’s property**, ensuring that an innocent person's assets **are not wrongfully taken**. - The principle behind this rule: **"One man's goods shall not be sold for another man's debts."** 2. **Remedy of Terceria for Third-Party Claims** - If a **third party** (someone other than the debtor) claims ownership or possession of the levied property, they can **invoke terceria**. - This allows them to **challenge the execution** and prevent their property from being wrongfully sold. 3. **Filing a Third-Party Claim (Terceria Process)** - The third-party claimant must: - Submit an **affidavit** to the **officer making the levy** stating their **ownership or right to possession** of the property. - Provide a **copy of the affidavit to the judgment debtor** for transparency. - The court then **examines the claim** to determine its validity. 4. **Court Supervision Over Wrongful Seizures** - If a third party’s property was **wrongfully levied**, they can request the **court's supervisory power** to intervene. - This ensures **proper legal review** before the property is sold or transferred. 5. **Requirement for a Strong Claim** - To succeed in **terceria**, the **third-party claimant must prove their ownership or legal right to possession** beyond doubt. - Without solid proof, the claim **will not be upheld**, and the execution will proceed. **Purpose of These Rules:** - **Protects third parties** from wrongful asset seizure. - **Ensures execution applies only to the debtor’s property**, not someone else's. - **Provides a legal remedy for mistaken levies** through the terceria process. Would you like an example of terceria in a real case?

Answer 55

**Sample Application of Terceria:** **Scenario:** Maria owns a car that she legally purchased, but her friend, Juan, borrowed it for daily use. Later, Juan is sued and loses a court case, resulting in a **writ of execution** against him. The sheriff mistakenly **levies Maria's car**, assuming it belongs to Juan. **Maria's Legal Remedy (Terceria):** 1. **Maria files an affidavit** stating that she is the rightful owner of the car. 2. **She submits the affidavit to the sheriff** handling the levy and also provides a copy to Juan. 3. **The court reviews her claim** and may require supporting documents such as proof of purchase or registration. 4. **If the court finds Maria’s claim valid**, the levy on her car is lifted, preventing it from being sold in execution of Juan’s debt. **Key Takeaways:** - Terceria **protects third parties** from wrongful property seizure. - An affidavit **must be submitted promptly** to contest an improper levy. - The **court has the final say** on whether the claim is valid. Would you like an example specific to real estate or another asset type?

Answer 56

Upon service of such affidavit of third-party claim, the officer shall not be bound to keep the property. However, the judgment obligee, on demand of the officer, may file a bond approved by the court to indemnify the third-party claimant in a sum not less than the value of the property levied upon. In case of disagreement as to such value, the same shall be determined by the court issuing the writ of execution. If such indemnity bond is filed, the officer shall not be liable to any third-party claimant for damages for the taking or keeping of the property. This passage outlines the **process for handling a third-party claim** when property is levied under a writ of execution. **Key Points:** 1. **Effect of a Third-Party Claim on the Officer** - When a **third-party claimant** submits an **affidavit** asserting their **ownership or right to possession** of the levied property, the **officer executing the levy is no longer obligated to retain the property**. - This prevents officers from wrongfully holding assets **not belonging** to the judgment obligor. 2. **Indemnity Bond by the Judgment Obligee** - If the **judgment obligee (creditor)** wants to **proceed** with the execution despite the third-party claim, they may **file an indemnity bond** to cover potential damages. - This bond must be **approved by the court** and should be **at least equal to the value of the levied property**. - The bond serves as **security**, ensuring that if the third-party claimant proves ownership, they can **recover damages**. 3. **Court Determination of Property Value** - If there is a **dispute over the value** of the levied property, the **court that issued the writ of execution** will **determine the correct value**. - This prevents either party from unfairly **inflating or undervaluing the asset**. 4. **Officer's Protection from Liability** - Once the **indemnity bond is filed**, the officer is **not liable for any damages** related to taking or keeping the property. - This protects enforcement officers from legal consequences if the **third-party claim is later proven valid**. **Purpose of These Rules:** - **Safeguards third-party ownership rights** when property is wrongfully levied. - **Allows judgment creditors to continue execution while assuming responsibility for potential damages**. - **Protects enforcement officers from liability in disputed claims**. Would you like a practical example of how this process works?