The nuts and bolts of the execution of property-related judgments
(Conclusion)
If the judgment directs the delivery or restitution of real property, the authorized officer shall demand the person against whom it has been promulgated, as well as all persons claiming rights under him, to peaceably vacate it within three working days and restore its possession to the judgment obligee. Otherwise, this officer shall oust them with the assistance of appropriate peace officers, if necessary, and employing such means as may be reasonably necessary to retake possession, and place it into the judgment obligee.
Any corresponding costs, damages, rents or profits awarded by the judgment shall be satisfied in the same manner as a judgment for money.
If the property subject of the execution contains improvements installed by the judgment obligor or his agent, the officer may only destroy, demolish or remove them upon the court’s special order thereof. The court shall issue this order upon the judgment obligee’s motion after due hearing, and after the judgment obligor has failed to remove them within the prescribed reasonable time.
Meanwhile, as defined by the Supreme Court, the levy on execution is where the authorized officer appropriates a part of or the entire property of the judgment debtor for the purpose of satisfying the command of the writ of execution. This levy shall create a lien in favor of the judgment obligee over the judgment obligor’s right, title and interest in the property at the time thereof, subject to previously existing liens and encumbrances.
The writ of execution shall be returned to the issuing court immediately after the judgment has been partly or fully satisfied. If the judgment could not be satisfied in full within 30 days from receipt thereof, the authorized officer shall report to the court and the state the reason therefor. In any case, this writ shall continue in effect during the period within which the judgment may be enforced by motion.
Said officer shall report to the issuing court every 30 days on the proceedings taken thereon until the judgment is fully satisfied or the writ’s effectivity expires.
Earlier, I mentioned that a writ of execution may be issued for the sale of the disputed real property. Before this sale may proceed, notice thereof must be given by posting it for 20 days in three public places, preferably in conspicuous areas of the municipal or city hall, post office and public market in the municipality or city where it will take place. This notice shall particularly describe the property and place of sale.
If the assessed value of the property exceeds P50,000, a copy of the notice shall be published once a week for two 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.
Moreover, the notice shall be given to the judgment obligor at least three days before the sale in the same manner as personal service of pleadings and other papers prescribed under the 2019 Amendments to the 1997 Rules of Civil Procedure.
If the levied property was claimed by a third-party claimant, and he makes an affidavit of his title thereto or right to the possession thereof, and serves the same on the levying officer and judgment obligee, such officer shall not be bound to keep the property. This rule, however, shall not apply when upon that officer’s demand, the judgment obligee files a bond approved by the court to indemnify said claimant in a sum not less than the value of the property levied on. In case of disagreement as to such value, the court issuing the writ of execution shall determine it.
The claimant may not seek damages for the taking or keeping of the property against the bond unless the corresponding action has been filed within 120 days from the date of the filing of the bond.
The levying officer shall not be liable for damages for such taking or keeping to any third-party claimant if such bond is filed. Nevertheless, the third-party claimant is not prevented from vindicating his claim to the property in a separate action, as well as the judgment obligee from claiming damages in the same or a separate action against the former who has filed a frivolous or plainly spurious claim.
Meanwhile, the filing of this bond is not required where the writ of execution has been issued in favor of the Republic of the Philippines.
