RULE 30

TRIAL
Section 1. Notice of trial.
Upon entry of a case in the trial calendar, the clerk shall notify the
parties of the date of its trial in such manner as shall ensure his receipt
of that notice at least five (5) days before such date.

Sec. 2. Adjournments and postponements.

A court may adjourn a trial from day to day, and to any stated time, as the
expeditious and convenient transaction of business may require, but shall
have no power to adjourn a trial for a longer period than one month for each
adjournment, nor more than three months in all, except when authorized in
writing by the Court Administrator, Supreme Court.

Sec. 3. Requisites of motion to postpone trial for absence of evidence.

A motion to postpone a trial on the ground of absence of evidence can be
granted only upon affidavit showing the materiality or relevancy of such
evidence, and that due diligence has been used to procure it. But if the
adverse party admits the facts to be given in evidence, even if he objects or
reserves the right to their admissibility, the trial shall not be postponed.

Sec. 4. Requisites of motion to postpone trial for illness of party or

counsel.
A motion to postpone a trial on the ground of illness of a party or counsel
may be granted if it appears upon affidavit or sworn certification that the
presence of such party or counsel at the trial is indispensable and that the
character of his illness is such as to render his non-attendance excusable.

Sec. 5. Order of trial.

Subject to the provisions of section 2 of Rule 31, and unless the court for
special reasons otherwise directs, the trial shall be limited to the issues
stated in the pre-trial order and shall proceed as follows:

(a) The plaintiff shall adduce evidence in support of his complaint;

(b) The defendant shall then adduce evidence in support of his defense,
counterclaim, cross-claim and third-party complaint;
(c) The third-party defendant, if any, shall adduce evidence of his defense,
counterclaim, cross-claim and fourth-party complaint;
(d) The fourth-party, and so forth, if any, shall adduce evidence of the
material facts pleaded by them;
(e) The parties against whom any counterclaim or cross-claim has been
pleaded, shall adduce evidence in support of their defense, in the order to
be prescribed by the court;
(f) The parties may then respectively adduce rebutting evidence only, unless
the court, for good reasons and in the furtherance of justice, permits them
to adduce evidence upon their original case; and
(g) Upon admission of the evidence, the case shall be deemed submitted for
decision, unless the court directs the parties to argue or to submit their
respective memoranda or any further pleadings.
If several defendants or third-party defendants, and so forth, having
separate defenses appear by different counsel, the court shall determine the
relative order of presentation of their evidence.

Sec. 6. Agreed statement of facts.

The parties to any action may agree, in writing, upon the facts involved in
the litigation, and submit the case for judgment on the facts agreed upon,
without the introduction of evidence.
If the parties agree only on some of the facts in issue, the trial shall be
held as to the disputed facts in such order as the court shall prescribe.

Sec. 7. Statement of judge.

During the hearing or trial of a case any statement made by the judge with
reference to the case, or to any of the parties, witnesses or counsel, shall
be made of record in the stenographic notes.

Sec. 8. Suspension of actions.

The suspension of actions shall be governed by the provisions of the Civil
Code.

Sec. 9. Judge to receive evidence; delegation to clerk of court.

The judge of the court where the case is pending shall personally receive the
evidence to be adduced by the parties. However, in default or ex parte
hearings, and in any case where the parties agree in writing, the court may
delegate the reception of evidence to its clerk of court who is a member of
the bar. The clerk of court shall have no power to rule on objections to any
question or to the admission of exhibits, which objections shall be resolved
by the court upon submission of his report and the transcripts within ten
(10) days from termination of the hearing.

RULE 32
TRIAL BY COMMISSIONER
Section 1. Reference by consent.
By written consent of both parties, the court may order any or all of the
issues in a case to be referred to a commissioner to be agreed upon by the
parties or to be appointed by the court. As used in these Rules, the word
"commissioner" includes a referee, an auditor and an examiner.

Sec. 2. Reference ordered on motion.

When the parties do not consent, the court may, upon the application of
either or of its own motion, direct a reference to a commissioner in the
following cases:

(a) When the trial of an issue of fact requires the examination of a long
account on either side, in which case the commissioner may be directed to
hear and report upon the whole issue or any specific question involved
therein;
(b) When the taking of an account is necessary for the information of the
court before judgment, or for carrying a judgment or order into effect;
(c) When a question of fact, other than upon the pleadings, arises upon
motion or otherwise, in any stage of a case, or for carrying a judgment or
order into effect.
Sec. 3. Order of reference; powers of the commissioner.
When a reference is made, the clerk shall forthwith furnish the commissioner
with a copy of the order of reference. The order may specify or limit the
powers of the commissioner, and may direct him to report only upon particular
issues, or to do or perform particular acts, or to receive and report
evidence only, and may fix the date for beginning and closing the hearings
and for the filing of his report. Subject to the specifications and
limitations stated in the order, the commissioner has and shall exercise the
power to regulate the proceedings in every hearing before him and to do all
acts and take all measures necessary or proper for the efficient performance
of his duties under the order. He may issue subpoenas and subpoenas duces
tecum, swear witnesses, and unless otherwise provided in the order of
reference, he may rule upon the admissibility of evidence. The trial or
hearing before him shall proceed in all respects as it would if held before
the court.

Sec. 4. Oath of commissioner.

Before entering upon his duties the commissioner shall be sworn to a faithful
and honest performance thereof.

Sec. 5. Proceedings before commissioner.

Upon receipt of the order of reference and unless otherwise provided therein,
the commissioner shall forthwith set a time and place for the first meeting
of the parties or their counsel to be held within ten (l0) days after the
date of the order of reference and shall notify the parties or their counsel.

Sec. 6. Failure of parties to appear before commissioner.

If a party fails to appear at the time and place appointed, the commissioner
may proceed ex parte or, in his discretion, adjourn the proceedings to a
future day, giving notice to the absent party or his counsel of the
adjournment.

Sec. 7. Refusal of witness.

The refusal of a witness to obey a subpoena issued by the commissioner or to
give evidence before him, shall be deemed a contempt of the court which
appointed the commissioner.

Sec. 8. Commissioner shall avoid delays.

It is the duty of the commissioner to proceed with all reasonable diligence.
Either party, on notice to the parties and commissioner, may apply to the
court for an order requiring the commissioner to expedite the proceedings and
to make his report.

Sec. 9. Report of commissioner.

Upon the completion of the trial or hearing or proceeding before the
commissioner, he shall file with the court his report in writing upon the
matters submitted to him by the order of reference. When his powers are not
specified or limited, he shall set forth his findings of fact and conclusions
of law in his report. He shall attach thereto all exhibits, affidavits,
depositions, papers and the transcript, if any, of the testimonial evidence
presented before him.

Sec. 10. Notice to parties of the filing of report.

Upon the filing of the report, the parties shall be notified by the clerk,
and they shall be allowed ten (l0) days within which to signify grounds of
objections to the findings of the report, if they so desire. Objections to
the report based upon grounds which were available to the parties during the
proceedings before the commissioner, other than objections to the findings
and conclusions therein set forth, shall not be considered by the court
unless they were made before the commissioner.

Sec. 11. Hearing upon report.

Upon the expiration of the period of ten (l0) days referred to in the
preceding section, the report shall be set for hearing, after which the court
shall issue an order adopting, modifying, or rejecting the report in whole or
in part, or recommitting it with instructions, or requiring the parties to
present further evidence before the commissioner or the court.

Sec. 12. Stipulations as to findings.

When the parties stipulate that a commissioner’s findings of fact shall be
final, only questions of law shall thereafter be considered.

Sec. 13. Compensation of commissioner.

The court shall allow the commissioner such reasonable compensation as the
circumstances of the case warrant, to be taxed as costs against the defeated
party, or apportioned, as justice requires.

RULE 36
JUDGMENTS, FINAL ORDERS AND ENTRY THEREOF
Section 1. Rendition of judgments and final orders.
A judgment or final order determining the merits of the case shall be in
writing personally and directly prepared by the judge, stating clearly and
distinctly the facts and the law on which it is based, signed by him, and
filed with the clerk of the court.

Sec. 2. Entry of judgments and final orders.

If no appeal or motion for new trial or reconsideration is filed within the
time provided in these Rules, the judgment or final order shall forthwith be
entered by the clerk in the book of entries of judgments. The date of
finality of the judgment or final order shall be deemed to be the date of its
entry. The record shall contain the dispositive part of the judgment or final
order and shall be signed by the clerk, with a certificate that such judgment
or final order has become final and executory.

Sec. 3. Judgment for or against one or more of several parties.

Judgment may be given for or against one or more of several plaintiffs, and
for or against one or more of several defendants. When justice so demands,
the court may require the parties on each side to file adversary pleadings as
between themselves and determine their ultimate rights and obligations.

Sec. 4. Several judgments.

In an action against several defendants, the court may, when a several
judgment is proper, render judgment against one or more of them, leaving the
action to proceed against the others.

Sec. 5. Separate judgments.

When more than one claim for relief is presented in an action, the court, at
any stage, upon a determination of the issues material to a particular claim
and all counterclaims arising out of the transaction or occurrence which is
the subject matter of the claim, may render a separate judgment disposing of
such claim. The judgment shall terminate the action with respect to the claim
so disposed of and the action shall proceed as to the remaining claims. In
case a separate judgment is rendered, the court by order may stay its
enforcement until the rendition of a subsequent judgment or judgments and may
prescribe such conditions as may be necessary to secure the benefit thereof
to the party in whose favor the judgment is rendered.
Sec. 6. Judgment against entity without juridical personality.
When judgment is rendered against two or more persons sued as an entity
without juridical personality, the judgment shall set out their individual or
proper names, if known.

RULE 37
NEW TRIAL OR RECONSIDERATION
Section 1. Grounds of and period for filing motion for new trial or
reconsideration.
Within the period for taking an appeal, the aggrieved party may move the
trial court to set aside the judgment or final order and grant a new trial
for one or more of the following causes materially affecting the substantial
rights of said party:

(a) Fraud, accident, mistake or excusable negligence which ordinary prudence

could not have guarded against and by reason of which such aggrieved party
has probably been impaired in his rights; or
(b) Newly discovered evidence, which he could not, with reasonable diligence,
have discovered and produced at the trial, and which if presented would
probably alter the result.
Within the same period, the aggrieved party may also move for reconsideration
upon the grounds that the damages awarded are excessive, that the evidence is
insufficient to justify the decision or final order, or that the decision or
final order is contrary to law.

Sec. 2. Contents of motion for new trial or reconsideration and notice

thereof.
The motion shall be made in writing stating the ground or grounds therefor, a
written notice of which shall be served by the movant on the adverse party.
A motion for new trial shall be proved in the manner provided for proof of
motions. A motion for the cause mentioned in paragraph (a) of the preceding
section shall be supported by affidavits of merits which may be rebutted by
affidavits. A motion for the cause mentioned in paragraph (b) shall be
supported by affidavits of the witnesses by whom such evidence is expected to
be given, or by duly authenticated documents which are proposed to be
introduced in evidence.
A motion for reconsideration shall point out specifically the findings or
conclusions of the judgment or final order which are not supported by the
evidence or which are contrary to law, making express reference to the
testimonial or documentary evidence or to the provisions of law alleged to be
contrary to such findings or conclusions.
A pro forma motion for new trial or reconsideration shall not toll the
reglementary period of appeal.

Sec. 3. Action upon motion for new trial or reconsideration.

The trial court may set aside the judgment or final order and grant a new
trial, upon such terms as may be just, or may deny the motion. If the court
finds that excessive damages have been awarded or that the judgment or final
order is contrary to the evidence or law, it may amend such judgment or final
order accordingly.

Sec. 4. Resolution of motion.

A motion for new trial or reconsideration shall be resolved within thirty
(30) days from the time it is submitted for resolution.

Sec. 5. Second motion for new trial.

A motion for new trial shall include all grounds then available and those not
so included shall be deemed waived. A second motion for new trial, based on a
ground not existing nor available when the first motion was made, may be
filed within the time herein provided excluding the time during which the
first motion had been pending.
No party shall be allowed a second motion for reconsideration of a judgment
or final order.

Sec. 6. Effect of granting of motion for new trial.

If a new trial is granted in accordance with the provisions of this Rule, the
original judgment or final order shall be vacated, and the action shall stand
for trial de novo; but the recorded evidence taken upon the former trial, in
so far as the same is material and competent to establish the issues, shall
be used at the new trial without retaking the same.
Sec.7. Partial new trial or reconsideration.
If the grounds for a motion under this Rule appear to the court to affect the
issues as to only a part, or less than all of the matter in controversy, or
only one, or less than all, of the parties to it, the court may order a new
trial or grant reconsideration as to such issues if severable without
interfering with the judgment or final order upon the rest.

Sec. 8. Effect of order for partial new trial.

When less than all of the issues are ordered retried, the court may either
enter a judgment or final order as to the rest, or stay the enforcement of
such judgment or final order until after the new trial.

Sec. 9. Remedy against order denying a motion for new trial or

reconsideration.
An order denying a motion for new trial or reconsideration is not appealable,
the remedy being an appeal from the judgment or final order.

RULE 38
RELIEF FROM JUDGMENTS, ORDERS,
OR OTHER PROCEEDINGS
Section 1. Petition for relief from judgment, order, or other proceedings.
When a judgment or final order is entered, or any other proceeding is
thereafter taken against a party in any court through fraud, accident,
mistake, or excusable negligence, he may file a petition in such court and in
the same case praying that the judgment, order or proceeding be set aside.

Sec. 2. Petition for relief from denial of appeal.

When a judgment or final order is rendered by any court in a case, and a
party thereto, by fraud, accident, mistake, or excusable negligence, has been
prevented from taking an appeal, he may file a petition in such court and in
the same case praying that the appeal be given due course.

Sec. 3. Time for filing petition; contents and verification.

A petition provided for in either of the preceding sections of this Rule must
be verified, filed within sixty (60) days after the petitioner learns of the
judgment, final order, or other proceeding to be set aside, and not more than
six (6) months after such judgment or final order was entered, or such
proceeding was taken; and must be accompanied with affidavits showing the
fraud, accident, mistake, or excusable negligence relied upon, and the facts
constituting the petitioner's good and substantial cause of action or
defense, as the case may be.

Sec. 4. Order to file an answer.

If the petition is sufficient in form and substance to justify relief, the
court in which it is filed, shall issue an order requiring the adverse
parties to answer the same within fifteen (15) days from the receipt thereof.
The order shall be served in such manner as the court may direct, together
with copies of the petition and the accompanying affidavits.

Sec. 5. Preliminary injunction pending proceedings.

The court in which the petition is filed, may grant such preliminary
injunction as may be necessary for the preservation of the rights of the
parties, upon the filing by the petitioner of a bond in favor of the adverse
party all damages and costs that may be awarded to him by reason of issuance
of such injunction or the other proceedings following the petition; but such
injunction shall not operate to discharge or extinguish any lien which the
adverse party may have acquired upon the property of the petitioner.

Sec. 6. Proceedings after answer is filed.

After the filing of the answer or the expiration of the period therefor, the
court shall hear the petition and if after such hearing, it finds that the
allegations thereof are not true, the petition shall be dismissed; but if it
finds said allegations to be true, it shall set aside the judgment or final
order or other proceedings complained of upon such terms as may be just.
Thereafter the case shall stand as if such judgment, final order or other
proceeding had never been rendered, issued or taken. The court shall then
proceed to hear and determine the case as if a timely motion for a new trial
or reconsideration had been granted by it.

Sec. 7. Procedure where the denial of an appeal is set aside.

Where the denial of an appeal is set aside, the lower court shall be required
to give due course to the appeal and to elevate the record of the appelaed
case as if a timely and proper appeal had been made.

RULE 39
EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS
Section 1. Execution upon judgments or final orders.
Execution shall issue as a matter of right, on motion, upon a judgment or
order that disposes of the action or proceeding upon the expiration of the
period to appeal therefrom if no appeal has been duly perfected.
If the appeal has been duly perfected and finally resolved, the execution may
forthwith be applied for in the court of origin, on motion of the judgment
obligee, submitting therewith certified true copies of the judgment or
judgments or final order or orders sought to be enforced and of the entry
thereof, with notice to the adverse party.
The appellate court may, on motion in the same case, when the interest of
justice so requires, direct the court of origin to issue the writ of
execution.

Sec. 2. Discretionary execution.

(a) Execution of a judgment or final order pending appeal.— On motion of the
prevailing party will notice to the adverse party filed in the trial court
while it has jurisdiction over the case 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.
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 upon good reasons to be stated in a
special order 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.

Sec. 3. Stay of discretionary execution.

Discretionary execution issued under the preceding section may be stayed upon
approval by the proper court of a sufficient supersede as bond filed by the
party against whom it is directed, 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.

Sec. 4. Judgments not stayed by appeal.

Judgments in actions for injunction, receivership, accounting and support,
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, unless otherwise ordered by the
trial court. On appeal therefrom, the appellate court in its discretion may
make an order suspending, modifying, restoring or granting the injunction,
receivership, accounting, or award of support.
The stay of execution shall be upon such terms as to bond or otherwise as may
be considered proper for the security or protection of the rights of the
adverse party.

Sec. 5. Effect of reversal of executed judgment.

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

Sec. 6. Execution by motion or by independent action.

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

Sec. 7. Execution in case of death of party.

In case of the death of 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 the lien thereon;
(c) In case of the death of the judgment obligor, after execution is actually
levied upon any of his property, the same may be sold for the satisfaction of
the judgment obligation, and the officer making the sale shall account to the
corrsponding executor or administrator for any surplus in his hands.
Sec. 8. Issuance, form and contents of a writ of execution.
The writ of execution shall: (1) issue in the name of the Republic of the
Philippines from the court which granted the motion; (2) state the name of
the court, the case number and title, the dispositive part of the subject
judgment or order; and (3) require the sheriff or other proper officer to
whom it is directed to enforce the writ according to its terms, in the manner
herein after provided:

(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 jands of personal
representatives, heirs, devisees, legatees, tenants, or trustees of the
judgment obligor, to satisfy the judgment, with interest, out of such
properties;
(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 cannot be found, then out of
the real property; and
(e) 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.

Sec. 9. Execution of judgments for money, how enforced.

(a) Immediate payment on demand. - 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. The judgment obligor shall pay in cash, certified bank check payable to
the judgment obligee or his authorized representative if present at the time
of payment. 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 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 possesssion 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 amount to a
fiduciary account in the nearest government depository bank of the Regional
Trial Court of the locality.
The clerk of 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 satisfactionn of the
judgmen. 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, an 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, 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 persoanl 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 debts due the
judgment obligor and other credits, including bank deposits, financial
interests, royalties, commissions and other personal property not capable of
manual delivery in the posssession or control of third parties. Levy shall be
made by serving notice upon the person owing such debts or having in his
possession or control such credits to which the judgment obligor is entitled.
The garnishment shall cover only such amount as will satisfy the judgment and
all lawful fees.
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. 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 garnishing 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.

Sec. 10. Execution of judgments for specific act.

(a) Conveyance, delivery of deeds, or other specific acts; vesting title. -
If a judgment directs a party who 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 at the cost of
the disobedient party by some other person appointed by the court and the act
when so done shall have like effect as if done by the party. If real or
personla property is situated within the Philippines, the court in lieu of
directing a conveyance thereof may be an order divest the title of any party
and vest it in others, which shall have the force and effect of a conveyance
executed in due form of law.
(b) Sale of real or personal property.— If the judgment be for the sale of
real or personal property, to sell such property, describing it, and apply
the proceeds in conformity with the judgment.
(c) Delivery or restitution of real property.- The officer shall demand of
the person against whom the judgment for the delivery or restitution of real
property is rendered and all person claiming rights under him to peaceably
vacate the property within three (3) working days, and restore possession
thereof to the judgment obligee; otherwise, the officer shall oust and 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.
(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, the officer shall not destroy,
demolish or remove said improvements except upon special order of the court
issued upon motion of the judgment obligee after due hearing and after the
former has failed to remove the same within a reasonable time fixed by the
court.
(e) Delivery of personal property.- In judgments 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
therein provided.

Sec. 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 the party against whom the same is rendered, 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.

Sec. 12. Effect of levy on execution as to third persons.

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.

Sec. 13. Property exempt from execution.

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 hs 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 of
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 exempt by law.
But no article or species of property mentioned in his section shall be
exempt from executio issued upon a judgment recovered for its price or upon a
judgment of foreclosure of a mortgage thereon.

Sec. 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 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 during the period within which the
judgment may be enforced by motion. The officer shall 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. 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.

Sec. 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, by posting written notice of the time and
place of the sale in three (3) public places, preferably in conspicuous areas
of the municipal or city hall, post office 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, by posting a similar notice in the
three (3) public places above-mentioned for not less than five (5) days;
(c) In case of real property, by posting for twenty (20) days in the three
(3) public places above-mentioned a similar notice particularly describing
the property and stating where the property is to be sold, and if the
assessed value of the property exceeds fifty thousand (P50,000.00) pesos, 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, written notice of the sale shall be given to the judgment
obligor, at least three (3) days before the sale, except as provided in
paragraph (a) hereof where notice shall be given at any time before the sale,
in the same manner as personal service of pleadings and other papers as
provided by Section 6 of 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. The place of the sale may be agreed upon by the
parties. In the absence of such agreement, the sale of real 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.
In the case of personal property capable of manual delivery, the sale shall
be held in the place where the property is located.

Sec. 16. Proceedings where property claimed by third person.

If the property levied on is claimed by any person other than the judgment
obligor or his agent, 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 such claimant or any third person from vindicating
his claim to the property in a separate action, or prevent 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 of the Republic of the
Philippines, 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, he shall be represented by the Solicitor
General 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.

Sec. 17. Penalty for selling without notice, or removing or defacing notice.
An officer selling without the notice prescribed by section 15 of this Rule
shall be liable to pay punitive damages in the amount of five thousand
(P5,000.00) pesos to any person injured thereby, 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, if done before the sale, or
before the satisfaction of the judgment if it be satisfied before the sale,
shall be liable to pay five thousand (P5,000.000) pesos to any person injured
by reason thereof, in addition to his actual damages, to be recovered by
motion in the same action.

Sec. 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.

Sec. 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.

Sec. 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, the officer may again sell the property to
the highest bidder and shall not be responsible for any loss occasioned
thereby; but the court may order the refusing purchaser to pay into the court
the amount of such loss, with costs, and may punish him for contempt if he
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. The officer may thereafter reject any
subsequent bid of such purchaser who refuses to pay.

Sec. 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 if it does not exceed the amount
of his judgment. If it does, he shall pay only the excess.

Sec. 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. Without such agreement, he 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.

Sec. 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 all the rights which the judgment
obligor had in such property as of the date of the levy on execution or
preliminary attachment.

Sec. 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.

Sec. 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.

Sec. 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.
Sec. 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.
Sec. 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, by paying the purchaser the amount of his
purchase, with one per centum per month interest thereon in addition, up to
the time of redemption, 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 within sixty (60) days after the
last redemption 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, and in addition, 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 the sum paid on the last previous redemption, with two
per centum thereon in addition, and the amounts of any assessments or taxes
which the last previous redemptioner paid after the redemption thereon, with
interest thereon, and the amount of any liens held by the last redemptioner
prior to his own, with interest.
Written notice of any redemption must be given to the officer who made the
sale and a duplicate filed with the registry of deeds of the place, and if
any assessments or taxes are paid by the redemptioner or 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.

Sec. 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, he must make the same payments as are
required to effect a redemption by a redemptioner, whereupon, no further
redemption shall be allowed and he is restored to his estate. The person to
whom the redemption payment is made must execute and deliver to him a
certificate of redemption acknowledged before a notary public or other
officer authorized to take acknowledgments of conveyances of real property.
Such certificate must be filed and recorded in the registry of deeds of the
place in which the property is situated, and the registrar of deeds must note
the record thereof on the margin of the record of the certificate of sale.
The payments mentioned in this and the last preceding sections may be made to
the purchaser or redemptioner, or for him to the officer who made the sale.

Sec. 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, 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, a memorandum of the record thereof,
certified by the registrar of deeds; or an original or certified copy of any
assignment necessary to establish his claim; and an affidavit executed by him
or his agent, showing the amount then actually due on the lien.

Sec. 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, to continue to use it in the same
manner in which it was previously used; or to use it in the ordinary course
of husbandry; or to make the necessary repairs to buildings thereon while he
occupies the property.
Sec. 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.

Sec. 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.

Sec. 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, he may on motion in the same action or in a separate
action recover from the judgment obligee the price paid, with interest, or so
much thereof as has not been delivered to the judgment obligor; or he may, on
motion, 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.

Sec. 35. Right to contribution or reimbursement.

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, or one of them pays,
without a sale, more than his proportion, he may compel a contribution from
the others; 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, he may compel repayment from
the principal.

Sec. 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.

Sec. 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 remains 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, the court may, by an order, require such
person, corporation, or other juridical entity, or any officer or member
thereof, to appear before the court or a commissioner appointed by it, at a
time and place within the province or city where such debtor resides or is
found, and be examined concerning the same. The service of the order shall
bind all credits due the judgment obligor 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; 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.

Sec. 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 to obey such order or subpoena or to be sworn, or
to answer as a witness 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, he must take it in writing and
certify it to the court. All examinations and answers before a court or
commissioner must be under oath, and when a corporation or other juridical
entity answers, it must be on the oath of an authorized officer or agent
thereof.

Sec. 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
the amount of his debt or so much thereof as may be necessary to satisfy the
judgment, 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.

Sec. 40. Order for application of property and income to satisfaction of

judgment.
The court may order any property of the judgment obligor, 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.
If, upon investigation of his current income and expenses, it appears that
the earnings of the judgment obligor for his personal services are more than
necessary for the support of his family, the court may order that he pay the
judgment in fixed monthly installments, and upon his failure to pay any such
installment when due without good excuse, may punish him for indirect
contempt.

Sec. 41. Appointment of receiver.

The court may appoint a receiver of the property of the judgment obligor; and
it may also forbid a transfer or other disposition of, or any interference
with, the property of the judgment obligor not exempt from execution.

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

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

Sec. 43. Proceedings when indebtedness denied or another person claims the
property.
If it appears that a person or corporation, alleged to have property of the
judgment obligor or to be indebted to him, claims an interest in the property
adverse to him or denies the debt, the court may 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, forbid a
transfer or other disposition of such interest or debt within one hundred
twenty (120) days from notice of the order, and may punish disobedience of
such order as for contempt. 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.

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

Satisfaction of a judgment shall be entered by the clerk of court in the
court docket, and in the execution book, upon the return of a writ of
execution showing the full satisfaction of the judgment, 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 by the judgment obligee
or by his counsel unless a revocation of his authority is filed, or upon the
endorsement of such admission by the judgment obligee or his counsel on the
face of the record of the judgment.

Sec. 45. Entry of satisfaction with or without admission.

Whenever a judgment is satisfied in fact, or otherwise than upon an
execution, on demand of the judgment obligor, the judgment obligee or his
counsel must execute and acknowledge, or indorse, an admission of the
satisfaction as provided in the last preceding section, 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.

Sec. 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 he has notice of the action or
proceeding, and an opportunity at the surety’s request to join in the
defense.

Sec. 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
raised 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.
Sec. 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.