RULE 39

Execution, Satisfaction and Effect of Judgments

Section 1. Execution upon judgments or final orders. —
Execution shall issue
1. as a matter of right
2. or motion
When:
1. upon a judgment or order that disposes of the action or proceeding
2. upon the expiration of the period to appeal therefrom if no appeal has been duly
perfected. (1a)
3. If the appeal has been duly perfected and finally resolved
How:
a. the execution may forthwith be applied for in the court of origin,
b. on motion of the judgment obligee
Requisites:
a. submitting therewith certified true copies of the judgment or judgments or final
order or orders sought to be enforced
b. and of the entry thereof
c. with notice to the adverse party.

The appellate court may direct the court of origin to issue the writ of execution.
Requisites:
1. on motion in the same case,
2. when the interest of justice so requires

Section 2. Discretionary execution. —

(a) Execution of a judgment or final order pending appeal. —
By the trial court
1. On motion of the prevailing party
2. with notice to the adverse party
3. filed in the trial court
a. while it has jurisdiction over the case
b. and is in possession of either the original record or the record on appeal, as the
case may be, at the time of the filing of such motion
- said court may, in its discretion, order execution of a judgment or final order even
before the expiration of the period to appeal.
By the appellate court
After the trial court has lost jurisdiction the motion for execution pending appeal may be filed
in the appellate court.
Discretionary execution may only issue
1. upon good reasons to be
2. stated in a special order
3. after due hearing.
(b) Execution of several, separate or partial judgments.
A several, separate or partial judgment
- may be executed under the same terms and conditions as execution of a judgment or
final order pending appeal. (2a)

Section 3. Stay of discretionary execution.

Discretionary execution issued under the preceding section may be stayed
1. upon approval by the proper court
2. of a sufficient supersedeas bond
3. filed by the party against whom it is directed,
4. conditioned upon the performance of the judgment or order allowed to be executed in
case it shall be finally sustained in whole or in part.

- The bond thus given may be proceeded against on motion with notice to the surety. (3a)

Section 4. Judgments not stayed by appeal. —

Judgments in actions for
1. Injunction
2. Receivership
3. Accounting and support
4. and such other judgments as are now or may hereafter be declared to be immediately
executory
- shall be enforceable after their rendition and shall not be stayed by an appeal taken
therefrom,
- EXCEPTION: unless otherwise ordered by the trial court.

On appeal therefrom, the appellate court

1. in its discretion
2. may make an order
a. suspending
b. modifying
c. restoring
d. granting the injunction, receivership, accounting, or award of support.

The stay of execution shall be

1. upon such terms as to bond
2. or otherwise as may be considered proper for the security or protection of the rights of
the adverse party. (4a)

Section 5. Effect of reversal of executed judgment.

Where the executed judgment is
1. reversed totally or partially,
2. or annulled
3. on appeal or otherwise
the trial court may
 1. on motion,
2. issue such orders of restitution or reparation of damages
3. as equity and justice may warrant under the circumstances. (5a)

Section 6. Execution by motion or by independent action. —

A final and executory judgment or order may be
1. executed on motion
2. within five (5) years from the date of its entry.

After the lapse of such time, and before it is barred by the statute of limitations,
1. a judgment may be enforced by action.
2. The revived judgment may also be
a. enforced by motion
b. within five (5) years from the date of its entry
c. and thereafter by action before it is barred by the statute of limitations. (6a)

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:
(a) In case of the death of the judgment obligee, upon the application of his executor
or administrator, or successor in interest;

(b) In case of the death of the judgment obligor, against his executor or administrator or
successor in interest, if the judgment be for the recovery of real or personal property,
or the enforcement of a lien thereon;

(b) In case of the death of the judgment obligor, after execution is actually levied upon
any of his property,
a. the same may be sold for the satisfaction of the judgment obligation,
b. and the officer making the sale shall account to the corresponding executor
or administrator for any surplus in his hands. (7a)

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
2. from the court which granted the motion
3. state the
a. name of the court
b. the case number and title
c. the dispositive part of the subject judgment or order
4. and require the sheriff or other proper officer to whom it is directed to
a. enforce the writ according to its terms,
b. in the manner hereinafter provided:

(a) If the execution be against the property of the judgment obligor

 o to satisfy the judgment,
o with interest,
o 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
o to satisfy the judgment,
o with interest,
o out of such property

(c) If it be for the sale of real or personal property

o to sell such property
o describing it
o and apply the proceeds in conformity with the judgment,
o 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

o to deliver the possession of the same
o describing it, to the party entitled thereto
o and to satisfy any costs, damages, rents, or profits covered by the judgment
 out of the personal property of the person against whom it was rendered
 and if sufficient personal property cannot be found, then out of the real
property; and

(e) In all cases

o 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

Section 9. Execution of judgments for money, how enforced. —

(a) Immediate payment on demand
The officer shall enforce an execution of a judgment for money
1. by demanding from the judgment obligor the
a. immediate payment
b. of the full amount stated in the writ of execution and all lawful fees.
2. The judgment obligor shall pay
a. in cash
b. certified bank check payable to the judgment obligee
c. or any other form of payment acceptable to the latter
 i. the amount of the judgment debt
 under proper receipt
 directly to the judgment obligee or his authorized
representative if present at the time of payment.
ii. 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.

iii. If the judgment obligee or his authorized representative is not

present to receive payment
 the judgment obligor shall deliver the aforesaid payment
to the executing sheriff
 sheriff shall turn over
i. all the amounts coming into his possession
ii. within the same day
iii. to the clerk of court of the court that issued the
writ
iv. or if the same is not practicable
v. deposit said amounts to a fiduciary account
vi. 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
 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
 In no case shall the executing sheriff demand that any
payment by check be made payable to him.

(b) Satisfaction by levy.

- If the judgment obligor
- cannot pay all or part of the obligation
- in
 cash
 certified bank check
 or other mode of payment acceptable to the judgment obligee
- the officer shall
  levy upon the properties of the judgment obligor
 of every kind and nature whatsoever
 which may be disposed of for value
 and not otherwise exempt from execution
 giving the latter the option to
 immediately choose which property or part thereof may
be levied upon
 sufficient to satisfy the judgment.
 If the judgment obligor does not exercise the option
 the officer shall first levy on the personal properties, if any
 and then on the real properties, if the personal properties
are insufficient to answer for the judgment.
 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
o he must sell only so much of the personal or real
property as is sufficient to satisfy the judgment and
lawful fees.
 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.

(c) Garnishment of debts and credits.

- The officer may levy on
a. debts due the judgment obligor
b. other credits
c. including bank deposits
d. financial interests
e. royalties
f. commissions
g. and other personal property
 not capable of manual delivery
 in the possession or control of third parties.
- Levy shall be made
a. by serving notice
b. upon the person owing such debts
c. or having in his possession or control
d. 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.
 1. 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.
2. The garnished amount in cash, or certified bank check
 issued in the name of the judgment obligee
 shall be delivered directly to the judgment obligee
 within ten (10) working days from service of notice on said
garnishee requiring such delivery, except the lawful fees which
shall be paid directly to the court.

- In the event there are two or more garnishees

 holding deposits or credits
 sufficient to satisfy the judgment
- the judgment obligor, if available
 shall have the right to indicate the garnishee or garnishees who
shall be required to deliver the amount due,
 otherwise, the choice shall be made by the judgment obligee.
- The executing sheriff shall observe the same procedure under paragraph (a) with
respect to delivery of payment to the judgment obligee. (8a, 15a)

Section 10. Execution of judgments for specific act. —

(a) Conveyance, delivery of deeds, or other specific acts; vesting title.
- If a judgment
1. directs a party to execute a conveyance of land or personal property
2. or to deliver deeds or other documents
3. or to perform, any other specific act in connection therewith
 and the party fails to comply within the time specified
o the court may direct the act to be done
o at the cost of the disobedient party
o by some other person appointed by the court
o and the act when so done shall have like effect as if done by the
party.
 If real or personal property is situated within the Philippines,
o the court in lieu of directing a conveyance thereof
o may by an order
a. divest the title of any party
b. -and vest it in others
 - which shall have the force and effect of a conveyance
executed in due form of law. (10a)

(b) Sale of real or personal property.

- to sell such property
- describing it
- and apply the proceeds in conformity with the judgment. (8[c]a)

(c) Delivery or restitution of real property.

- The officer
1. shall demand of the person against whom the judgment for the delivery or
restitution of real property is rendered
2. and all persons claiming rights under him
 to peaceably vacate the property
 within 3 working days
 and restore possession thereof to the judgment obligee

- OTHERWISE, the officer

1. 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. (13a)

(d) Removal of improvements on property subject of execution.

- When the property subject of the execution contains improvements
 constructed or planted by the judgment obligor or his agent
1. the officer shall not destroy, demolish or remove said improvements
2. EXCEPT upon special order of the court,
3. issued upon motion of the judgment obligee
4. after the hearing
5. and after the former has failed to remove the same
- within a reasonable time fixed by the court. (14a)

(e) Delivery of personal property.

- In judgment for the delivery of personal property
1. the officer shall take possession of the same
2. and forthwith deliver it to the party entitled thereto
3. and satisfy any judgment for money as therein provided.

Section 11. Execution of special judgments.

- When a judgment requires
 the performance of any act
 other than those mentioned in the two preceding sections,
 a certified copy of the judgment
 shall be attached to the writ of execution
 and shall be served by the officer upon
o the party against whom the same is rendered
o or upon any other person required thereby or by law, to obey the same,
 and such party or person may be punished for contempt if he disobeys such
judgment. (9a)

Section 12. Effect of levy on execution as to third person.

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. (16a)

Section 13. Property exempt from execution. (HICUPPFILEFEG)

Except as otherwise expressly provided by law, the following property, and no other, shall be
exempt from execution:
(a) The judgment obligor's family home as provided by law, or the homestead in which
he resides, and land necessarily used in connection therewith;

(b) Ordinary tools and implements personally used by him in his trade, employment, or
livelihood;

(c) Three horses, or three cows, or three carabaos, or other beasts of burden, such as
the judgment obligor may select necessarily used by him in his ordinary occupation;

(d) His necessary clothing and articles for ordinary personal use, excluding jewelry;

(e) Household furniture and utensils necessary for housekeeping, and used for that
purpose by the judgment obligor and his family, such as the judgment obligor may
select, of a value not exceeding one hundred thousand pesos;

(f) Provisions for individual or family use sufficient for four months;

(g) The professional libraries and equipment of judges, lawyers, physicians, pharmacists,
dentists, engineers, surveyors, clergymen, teachers, and other professionals, not
exceeding three hundred thousand pesos in value;
 (h) One fishing boat and accessories not exceeding the total value of one hundred
thousand pesos owned by a fisherman and by the lawful use of which he earns his
livelihood;

(i) So much of the salaries, wages, or earnings of the judgment obligor for his personal
services within the four months preceding the levy as are necessary for the support of
his family;

(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.

But 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. (12a)

Section 14. Return of writ of execution.

The writ of execution
 shall be returnable to the court issuing it
 immediately after the judgment has been satisfied
o in part or in full.

- If the judgment cannot be satisfied

- in full
- within thirty (30) days after his receipt of the writ
 the officer shall report to the court
 and state the reason therefor.
 Such writ shall continue in effect
o during the period within which the judgment may be enforced by motion
 The officer shall
o make a report to the court every thirty (30) days
 on the proceedings taken thereon
 until the judgment is satisfied in full
 or its effectivity expires
o The returns or periodic reports shall
 set forth the whole of the proceedings taken
 and shall be filed with the court
  and copies thereof promptly furnished the parties. (11a)
-
Section 15. Notice of sale of property on execution. — Before the sale of property on execution,
notice thereof must be given as follows:
(a) In case of perishable property
1. by posting written notice
a. of the time
b. and place of the sale
2. in 3 public places
a. preferably in conspicuous areas of the municipal or city hall
b. post office
c. and public market in the municipality or city where the sale is to take
place

- for such time as may be reasonable, considering the character

and condition of the property;

(b) In case of other personal property

a. by posting a similar notice in
b. three (3) public places above-mentioned
c. for not less than 5 days;

(c) In case of real property

a. by posting for 20days
b. in the three (3) public places abovementioned
c. a similar notice particularly
 describing the property
 stating where the property is to be sold
 and if the assessed value of the property exceeds P50,000.00
i. by publishing a copy of the notice once a week for two (2)
consecutive weeks in one newspaper selected by raffle, whether
in English, Filipino, or any major regional language published,
edited and circulated or, in the absence thereof, having general
circulation in the province or city;

(d) In all cases

a. written notice of the sale shall be given to the judgment obligor
b. at least three (3) days before the sale
c. except as provided in paragraph (a) hereof where
 notice shall be given the same manner as personal service of pleadings
and other papers as provided by section 6 of Rule 13.

The notice shall

1. specify the place, date and exact time of the sale
  which should not be earlier than nine o'clock in the morning
 and not later than two o'clock in the afternoon.

The place of the sale

1. may be agreed upon by the parties
2. 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
 or which was designated by the appellate court.
3. In the case of personal property capable of manual delivery, the sale shall be held in
the place where the property is located. (18a)

Section 16. Proceedings where property claimed by third person.

If the
1. property levied on is claimed by any person other than the judgment obligor or his
agent
2. and such person makes an affidavit
 of his title thereto or right to the possession thereof
 stating the grounds of such right or title
 and serves the same upon the officer making the levy
 and a copy thereof upon the judgment obligee

- the officer shall NOT be bound to keep the property

- UNLESS such judgment obligee
- on demand of the officer
- files a bond
 approved by the court
 to indemnify the third-party claimant
 in a sum not less than the value of the property levied on.
 In case of disagreement as to such value
 the same shall be determined by the court issuing the writ of execution.

- No claim for damages

 for the taking or keeping of the property
 may be enforced against the bond
 UNLESS the action therefor is filed within one hundred twenty (120) days from
the date of the filing of the bond.

- The officer shall not be liable for damages

 for the taking or keeping of the property
 to any third-party claimant
 if such bond is filed.
 - Nothing herein contained shall prevent
1. such claimant or any third person
 in a separate action
 from vindicating his claim to the property
2. the judgment obligee from claiming damages
 in the same or a separate action
 against a third-party claimant
 who filed a frivolous or plainly spurious claim.

- When the writ of execution is issued in favor

1. of the Republic of the Philippines
2. or any officer duly representing it
- the filing of such bond shall not be required
- and in case the sheriff or levying officer is sued for damages as a result of the
levy
a. he shall be represented by the Solicitor General
b. and if held liable therefor, the actual damages adjudged by the court shall
be paid by the National Treasurer out of such funds as may be
appropriated for the purpose. (17a)

Section 17. Penalty for selling without notice, or removing or defacing notice.
An officer selling without the notice prescribed by section 15 of this Rule
a. shall be liable to pay punitive damages in the amount of five thousand (P5,000.00)
pesos
 to any person injured thereby
b. in addition to his actual damages
 both to be recovered by motion
 in the same action
And a person willfully removing or defacing the notice posted
a. if done before the sale
b. or before the satisfaction of the judgment
 if it be satisfied before the sale
 shall be liable to pay five thousand (P5,000.00) pesos
i. to any person injured by reason thereof
 in addition to his actual damages
 to be recovered by motion
 in the same action. (19a)

Section 18. No sale if judgment and costs paid.

At any time before the sale of property on execution, the judgment obligor
 may prevent the sale
 by paying the amount required by the execution
 and the costs that have been incurred therein. (20a)
Section 19. How property sold on execution; who may direct manner and order of sale.
All sales of property under execution must be made
 at public auction
 to the highest bidder
 to start at the exact time fixed in the notice
After sufficient property has been sold to satisfy the execution
- no more shall be sold
- and any excess property or proceeds of the sale shall be promptly delivered to the
judgment obligor or his authorized representative
- UNLESS otherwise directed by the judgment or order of the court.
When the sale is of real property, consisting of several known lots
 they must be sold separately
Or, when a portion of such real property is claimed by a third person
 he may require it to be sold separately.
When the sale is of personal property capable of manual delivery
 it must be sold within view of those attending the same
 and in such parcels as are likely to bring the highest price
 The judgment obligor, if present at the sale, may direct the order in which property,
real or personal shall be sold
 when such property consists of several known lots or parcels which can be sold to
advantage separately.
Neither the officer conducting the execution sale, nor his deputies, can become a purchaser,
nor be interested directly or indirectly in any purchase at such sale. (21a)

Section 20. Refusal of purchaser to pay.

If a purchaser refuses to pay the amount bid by him for property struck off to him at a sale
under execution
1. the officer may again sell the property to the highest bidder
 and shall not be responsible for any loss occasioned thereby;
2. but the court may order the refusing purchaser to pay into the court the
o amount of such loss,
o with costs,
o and may punish him for contempt if he disobeys the order.
o The amount of such payment shall be for the benefit of the person entitled
to the proceeds of the execution
o UNLESS the execution has been fully satisfied
- in which event such proceeds shall be for the benefit of the judgment
obligor.

 The officer may thereafter reject any subsequent bid of such purchaser who refuses to
pay. (22a)

Section 21. Judgment obligee as purchaser.

When the purchaser
  is the judgment obligee
 and no third-party claim has been filed
 he need not pay the amount of the bid
o if it does not exceed the amount of his judgment
o If it does, he shall pay only the excess. (23a)

Section 22. Adjournment of sale.

 By written consent
 of the judgment obligor and obligee, or their duly authorized representatives
 the officer
 may adjourn the sale
 to any date and time agreed upon by them
o Without such agreement, he may adjourn the sale from day to day
o 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. (24a)

Section 23. Conveyance to purchaser of personal property capable of manual delivery.

When the
 purchaser of any
 personal property,
 capable of manual delivery,
 pays the purchase price
- the officer making the sale
- must deliver the property
- to the purchaser
- and, if desired, execute and deliver to him a certificate of sale.
- The sale conveys to the purchaser
o all the rights
o which the judgment obligor had in such property
o as of the date of the levy on execution or preliminary
attachment. (25a)

Section 24. Conveyance to purchaser of personal property not capable of manual delivery.
When the purchaser of any personal property, not capable of manual delivery, pays the
purchase price
 the officer making the sale
 must execute and deliver
 to the purchaser
 a certificate of sale
 Such certificate conveys to the purchaser
 all the rights
 which the judgment obligor had in such property
  as of the date of the levy on execution or preliminary
attachment. (26a)

Section 25. Conveyance of real property; certificate thereof given to purchaser and filed with
registry of deeds.
Upon a sale of real property
- the officer must give to the purchaser a certificate of sale containing:
(a) A particular description of the real property sold;
(b) The price paid for each distinct lot or parcel;
(c) The whole price paid by him;
(d) A statement that the right of redemption expires one (1) year from the date of the
registration of the certificate of sale.

- Such certificate must be registered in the registry of deeds of the place where the property is
situated. (27 a)

Section 26. Certificate of sale where property claimed by third person. —

When a property sold by virtue of a writ of execution has been claimed by a third person,
 the certificate of sale
 to be issued by the sheriff pursuant to sections 23, 24 and 25 of this Rule
 shall make express mention of the existence of such third-party claim. (28a)

Section 27. Who may redeem real property so sold.

Real property sold as provided in the last preceding section, or any part thereof sold
separately, may be redeemed in the manner hereinafter provided, by the following persons:
(a) The judgment obligor; or his successor in interest in the whole or any part of the
property;
(b) A creditor
 having a lien
 by virtue of an attachment, judgment or mortgage on the property sold, or on
some part thereof
 subsequent to the lien under which the property was sold.
 Such redeeming creditor is termed a redemptioner. (29a)

Section 28. Time and manner of, and amounts payable on, successive redemptions; notice to be
given and filed. The judgment obligor, or redemptioner
 may redeem the property from the purchaser
 at any time within one (1) year from the date of the registration of the certificate of
sale
o by paying the purchaser the amount of his purchase
o with the per centum per month interest thereon in addition up to the time of
redemption
o together with the amount of any assessments or taxes
- which the purchaser may have paid thereon after purchase
 - and interest on such last named amount at the same rate
 and if the purchaser be also a creditor having a prior lien to that of the redemptioner,
other than the judgment under which such purchase was made, the amount of such
other lien, with interest.

Property so redeemed may again be redeemed

o within sixty (60) days after the last redemption
o upon payment
 of the sum paid on the last redemption
 with two per centum thereon in addition
 and the amount of any assessments or taxes which the last
redemptioner may have paid thereon after redemption by him, with
interest on such last named amount
 the amount of any liens held by said last redemptioner prior to his
own, with interest.
The property may be again, and as often as a redemptioner is so disposed, redeemed from any
previous redemptioner
 within sixty (60) days after the last redemption, on paying
o of the sum paid on the last redemption
o with two per centum thereon in addition
o and the amount of any assessments or taxes which the last
redemptioner may have paid thereon after redemption by him, with
interest on such last named amount
o the amount of any liens held by said last redemptioner prior to his
own, with interest.

Written notice of any redemption

1. must be given to the officer who made the sale
2. and a duplicate filed with the registry of deeds of the place
3. and if any
a. assessments or taxes are paid by the redemptioner
b. if he has or acquires any lien other than that upon which the redemption was
made
- notice thereof must in like manner be given to the officer
- and filed with the registry of deeds
- if such notice be not filed
- the property may be redeemed without paying such assessments,
taxes, or liens. (30a)

Section 29. Effect of redemption by judgment obligor, and a certificate to be delivered and
recorded thereupon; to whom payments on redemption made.
If the judgment obligor redeems
 1. he must make the same payments as are required to effect a redemption by a
redemptioner,
2. whereupon, no further redemption shall be allowed
3. and he is restored to his estate.
The person to whom the redemption payment is made
1. must execute and deliver to him
2. a certificate of redemption
3. acknowledged before a notary public or other officer authorized to take
acknowledgments of conveyances of real property
4. Such certificate must be filed and recorded in the registry of deeds of the place in which
the property is situated
5. and the registrar of deeds must note the record thereof
- on the margin of the record of the certificate of sale
6. The payments mentioned in this and the last preceding sections
a. may be made to the purchaser or redemptioner
b. or for him to the officer who made the sale. (31a)

Section 30. Proof required of redemptioner.

A redemptioner
 must produce to the officer, or person from whom he seeks to redeem
 and serve
 with his notice to the officer
 a copy of the judgment or final order
 under which he claims the right to redeem
o certified by the clerk of the court wherein the judgment or final order is entered
 or, if he redeems upon a mortgage or other lien
o a memorandum of the record thereof
o certified by the registrar of deeds
o or an original or certified copy of any assignment necessary to establish his
claim
o and an affidavit executed by him or his agent
i. showing the amount then actually due on the lien. (32a)

Section 31. Manner of using premises pending redemption; waste restrained.

Until the expiration of the time allowed for redemption
 the court may, as in other proper cases,
 restrain the commission of waste on the property
 by injunction
 on the application of the purchaser or the judgment obligee
 with or without notice
But it is not waste
 for a person in possession of the property
 at the time of the sale
 or entitled to possession afterwards
  during the period allowed for redemption
o to continue to use it in the same manner in which it was previously used
o or to use it in the ordinary course of husbandry
o or to make the necessary repairs to buildings thereon while he occupies the
property. (33a)

Section 32. Rents, earnings and income of property pending redemption.

The purchaser or a redemptioner
 shall not be entitled to receive the rents, earnings and income of the property sold on
execution
 or the value of the use and occupation thereof
 when such property is in the possession of a tenant
 All rents, earnings and income derived from the property pending redemption
 shall belong to the judgment obligor
 until the expiration of his period of redemption. (34a)

Section 33. Deed and possession to be given at expiration of redemption period; by whom
executed or given.
If no redemption be made within one (1) year from the date of the registration of the
certificate of sale
 the purchaser is entitled to a conveyance and possession of the property
Or, if so redeemed
 whenever sixty (60) days have elapsed
 and no other redemption has been made,
 and notice thereof given,
 and the time for redemption has expired
- the last redemptioner is entitled to the conveyance and possession
But in all cases
 the judgment obligor
 shall have the entire period of one (1) year from the date of the registration of the sale
to redeem the property.
The deed
 shall be executed by the officer making the sale or by his successor in office
 and in the latter case shall have the same validity as though the officer making the sale
had continued in office and executed it.

Upon the expiration of the right of redemption, the purchaser or redemptioner

 shall be substituted to and acquire all the rights, title, interest and claim of the
judgment obligor to the property as of the time of the levy.
 The possession of the property shall be given to the purchaser or last redemptioner by
the same officer
 UNLESS a third party is actually holding the property adversely to the judgment obligor.

Section 34. Recovery of price if sale not effective; revival of judgment.

If the purchaser of real property sold on execution, or his successor in interest
 fails to recover the possession thereof
 or is evicted therefrom, in consequence of irregularities in the proceedings concerning
the sale
 or because the judgment has been reversed or set aside
 or because the property sold was exempt from execution
 or because a third person has vindicated his claim to the property
1. He may on motion
o in the same action or in a separate action
o recover from the judgment obligee
 the price paid
 with interest
 or so much thereof as has not been delivered to the
judgment obligor
2. He may, on motion
o have the original judgment revived in his name
 for the whole price
 with interest
 or so much thereof as has been delivered to the judgment
obligor
- The judgment so revived shall have the same force and effect as an
original judgment would have as of the date of the revival and no
more. (36a)

Section 35. Right to contribution or reimbursement.

1. When property
 liable to an execution
 against several persons
 is sold thereon
 and more than a due proportion of the judgment is satisfied
 out of the proceeds of the sale of the property of one of them
2. Or one of them pays
 without a sale
 more than his proportion
3. He may compel a contribution from the others
3. And when a judgment
 is upon an obligation of one of them
 as security for another
 and the surety pays the amount, or any part thereof, either by sale of his
property or before sale,
4. He may compel repayment from the principal. (37a)

Section 36. Examination of judgment obligor when judgment unsatisfied.

When
  the return of a writ of execution issued against property of a judgment obligor, or any
one of several obligors in the same judgment
 shows that the judgment remains unsatisfied, in whole or in part
The judgment obligee, at any time after such return is made, shall be entitled to an order from
the court which rendered the said judgment
 requiring such judgment obligor
 to appear and be examined
 concerning his property and income
 before such court
 or before a commissioner appointed by it at a specified time and place
 and proceedings may thereupon be had for the application of the property and income
of the judgment obligor towards the satisfaction of the judgment. But no judgment
obligor shall be so required to appear before a court or commissioner outside the
province or city in which such obligor resides or is found. (38a)

Section 37. Examination of obligor of judgment obligor.

When
 the return of a writ of execution against the property of a judgment obligor
 shows that the judgment remain unsatisfied, in whole or in part,
 and upon proof to the satisfaction of the court which issued the writ
 that a person, corporation, or other juridical entity
 has property of such judgment obligor
 or is indebted to him
5. the court may
6. by an order
7. require such person, corporation, or other juridical entity, or any officer, or
member thereof
8. to appear before the court or a commissioner appointed by it
9. at a time and place within the province or city where such debtor resides or is
found
10.and be examined concerning the same.
11.The service of the order shall bind
o all credits due the judgment obligor
o and all money and property of the judgment obligor in the
possession or in the control of such person corporation, or
juridical entity from the time of service;
12.and the court may also require notice of such proceedings to be given to any
party to the action in such manner as it may deem proper. (39a)

Section 38. Enforcement of attendance and conduct of examination.

A party or other person
 may be compelled
 by an order or subpoena
  to attend before the court or commissioner
 to testify as provided in the two preceding sections
 and upon failure
o to obey such order or subpoena
o or to be sworn
o or to answer as a witness
o or to subscribe his deposition
 may be punished for contempt as in other cases.
 Examinations shall not be unduly prolonged
 but the proceedings may be adjourned from time to time
 until they are completed.
 If the examination is before a commissioner
1. He must take it
o in writing
o and certify it to the court.
2. All examinations and answers before a court commissioner must be
o under oath
o and when a corporation or other juridical entity answers, it must be on the oath
of an authorized officer or agent thereof. (40a)

Section 39. Obligor may pay execution against obligee.

After a writ of execution against property has been issued
 a person indebted to the judgment obligor
 may pay to the sheriff holding the writ of execution
o the amount of his debt
o or so much thereof as may be necessary to satisfy the judgment
o in the manner prescribed in section 9 of this Rule
 and the sheriff's receipt
 shall be a sufficient discharge
 for the amount so paid or directed to be credited by the judgment obligee on
the execution. (41a)

Section 40. Order for application of property and income to satisfaction of judgment.

The court may order

1. any property of the judgment obligor
2. or money due him,
 not exempt from execution
 in the hands of either himself or another person,
 or of a corporation
 or other juridical entity
 to be applied to the satisfaction of the judgment, subject to any prior
rights over such property.

the court may order that JO pay the judgment in fixed monthly installments:
1. If, upon investigation of his current income and expenses
2. it appears that the earnings of the judgment obligor
3. for his personal services
4. are more than necessary for the support of his family,
and upon his failure to pay any such installment when due without good
excuse, may punish him for indirect contempt. (42a)

Section 41. Appointment of receiver.

The court may
1. appoint a receiver of the property of the judgment obligor
2. and it may also forbid a transfer
3. or other disposition of
4. or any interference with, the property of the judgment obligor not exempt from
execution. (43a)

Section 42. Sale of ascertainable interest of judgment obligor in real estate.

the receiver may be ordered to 1sell and 2convey such real estate or the interest of the obligor
If it appears that the judgment obligor has an interest in real estate as mortgagor or
mortgagee or otherwise
a. in the place in which proceedings are had,
b. and his interest therein can be ascertained without controversy
c. such sale shall be conducted in all respects in the same manner as is provided for
the sale of real state upon execution
d. and the proceedings thereon shall be approved by the court before the
execution of the deed. (34a)

Section 43. Proceedings when indebtedness denied or another person claims the property.
1. If it appears that a person or corporation
2. alleged to have property of the judgment obligor
3. or to be indebted to him
4. claims an interest in the property adverse to him
5. or denied the debt

13. The court may:

o authorize, by an order made to that effect, the judgment obligee
to institute an action against such person or corporation for the
recovery of such interest or debt
o forbid a transfer or other disposition of such interest or debt
within one hundred twenty (120) days from notice of the order
o and may punish disobedience of such order as for contempt.
 o Such order may be modified or vacated
 at any time
 by the court which issued it
 or by the court in which the action is brought
 upon such terms as may be just. (45a)

Section 44. Entry of satisfaction of judgment by clerk of court.

Satisfaction of a judgment shall be entered by the clerk of court in the
a. court docket
b. and in the execution book
1. upon the return of a writ of execution
showing the full satisfaction of the judgment
2. or upon the filing of an admission to the satisfaction of the judgment
executed and acknowledged
in the same manner as a conveyance of real property
i. by the judgment obligee
ii. or by his counsel
UNLESS a revocation of his authority is filed
3. or upon the endorsement of such admission by the judgment obligee or his counsel
on the face of the record of the judgment. (46a)

Section 45. Entry of satisfaction with or without admission.

Whenever a judgment is satisfied
o in fact, or otherwise
o than upon an execution on demand of the judgment obligor

1. the judgment obligee or his counsel must execute and acknowledge

2. or indorse an admission of the satisfaction
3. as provided in the last preceding section
4. and after notice and upon motion the court may order either the judgment obligee or
his counsel to do so, or may order the entry of satisfaction to be made without such
admission. (47a)

Section 46. When principal bound by judgment against surety. —

When a judgment is rendered against a party who stands as surety for another
- the latter is also bound from the time that 1he has notice of the
action or proceeding,
- and an 2opportunity at the surety's request to join in the defense.
(48a)

Section 47. Effect of judgments or final orders.

The effect of a judgment or final order
 rendered by a court of the Philippines
 having jurisdiction to pronounce the judgment or final order, may be as follows:
 (a) In case of a judgment or final order against
 a specific thing
 or in respect to the probate of a will
 or the administration of the estate of a deceased person
 or in respect to the personal, political, or legal condition or status of a particular
person
 or his relationship to another
- the judgment or final order is
 conclusive upon the title to the thing,
 the will or administration
 or the condition, status or relationship of the person
- HOWEVER,
 the probate of a will
 or granting of letters of administration
- shall only be prima facie evidence of the death of the testator or
intestate;

(b) In other cases

- the judgment or final order is,
 with respect to the matter directly adjudged
 or as to any other matter that could have been missed in relation thereto
- conclusive between the parties and their successors in interest
- by title
- subsequent to the commencement of the action or special proceeding
- litigating for the same thing and under the same title and in the same
capacity; and

(c) In any other litigation between the same parties or their successors in interest
 that only is deemed to have been adjudged in a former judgment or final order
 which appears upon its face to have been so adjudged
 or which was actually and necessarily included therein or necessary thereto.
(49a)

Section 48. Effect of foreign judgments or final orders.

The effect of a judgment or final order
 of a tribunal of a foreign country
 having jurisdiction to render the judgment or final order is as follows:
(a) In case of a judgment or final order upon a specific thing
- the judgment or final order, is conclusive upon the title to the thing, and
(b) In case of a judgment or final order against a person,
- the judgment or final order is presumptive evidence
- of a right as between the parties and their successors in interest
- by a subsequent title.
- In either case, the judgment or final order may be repelled by evidence
 of a want of jurisdiction
 want of notice to the party
 collusion
 fraud
 or clear mistake of law or fact. (50a)