Below is a comprehensive discussion of how a judgment is executed when it calls for the performance of a specific act under Philippine procedural law, particularly under Rule 39 of the Rules of Court (Execution, Satisfaction, and Effect of Judgments). Although the focus is on Section 9 (“Execution of judgments for specific act”) of Rule 39, other related provisions and practical considerations are included to give a full view of the topic.

1. General Overview

In civil litigation, once a final judgment is rendered, the winning party is entitled to have that judgment satisfied or enforced. Rule 39 governs the mechanism of execution. While many judgments are for the recovery of a sum of money, there are also judgments ordering a party to perform a specific act, such as:

Executing a conveyance or deed;
Delivering or restituting property;
Removing improvements or structures;
Doing or refraining from doing a particular act.

When the judgment requires a party to do some definite, specific act, courts must ensure compliance through remedies that may include direct performance by a designated officer, contempt orders, and other forms of enforcement.

2. Legal Basis: Rule 39, Section 9 of the Rules of Court

2.1. Relevant Text (2019 Amendments)

Section 9. Execution of judgments for specific act; vesting title.
(a) Conveyance, delivery of deeds, or other specific acts; vesting title. — If a judgment directs a party to execute a conveyance of land or personal property, to deliver deeds or other documents, or to perform any other specific act in connection therewith, and the party fails to comply within the time specified, the court may direct the act to be done by another person appointed by the court at the cost of the disobedient party. The act when so done has like effect as if done by the party. If real or personal property is situated within the Philippines, the court in lieu of directing a conveyance thereof may, by 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 directs the sale of real or personal property, the same may be sold in the manner and upon the terms specified in the judgment. If the judgment does not specify the manner of sale, it must be conducted in the same manner as personal or real property is sold under execution. The proceeds shall be paid to the judgment obligee or to the court as provided in the judgment, and the officer making the sale shall execute a conveyance to the person entitled thereto, setting forth the fact of the sale or the reference to the judgment authorizing the same.
(c) Delivery or restitution of real property. — The officer shall demand of the person against whom the judgment is rendered, and if the latter refuses to vacate the property, the officer shall oust such person therefrom, with the assistance of appropriate law enforcement officers if necessary, and place the judgment obligee in possession thereof; and if there be any resistance, break open any fence, wall, gate, door, or other obstruction.
(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 if practicable and deliver it to the party entitled thereto. If the property is not delivered, or cannot be found, the officer shall demand the value thereof from the judgment obligor.

(Note: Numbering or lettering may slightly differ among various prints of the Rules, but the substance is the same.)

3. Distinguishing “Judgment for a Specific Act” from Other Judgments

Judgment for a Sum of Money (Rule 39, Sec. 9[1]) – Enforced by writ of execution ordering the sheriff to satisfy the judgment out of the property of the judgment obligor, generally involving levy, garnishment, and sale of property to raise funds.
Judgment for a Specific Act (Rule 39, Sec. 9) – Enforced not by collecting money but by ensuring the act is performed (e.g., execution of a deed, removing a structure, delivering property, etc.). The court can appoint an officer or another person to perform it at the cost of the disobedient party if the latter refuses.

4. Execution of Judgments for Specific Acts: Detailed Mechanisms

4.1. Conveyance, Delivery of Deeds, or Other Specific Acts

Court Appointment of Another to Perform the Act
If the judgment obligor (losing party) fails or refuses to do the specific act (e.g., sign a deed of conveyance), the court may appoint a person (often the branch clerk of court, or a sheriff, or a commissioner) to do it.
- Once executed by the appointed person, the conveyance or deed has the same legal effect as if the obligor had signed it.
- The cost of these steps (such as notarial fees, registration fees, etc.) is chargeable to the disobedient party.
Vesting Title by Court Order
In certain cases, the Rules explicitly allow the court itself to issue an order of conveyance, effectively transferring title without the need for a separate deed.
- For real property within the Philippines, the court can divest title from one party and vest it in another by an order. This obviates the need for the unsuccessful party’s signature.
Contempt as Additional Sanction
The disobedient party may be cited for indirect contempt if they refuse to comply with the order for a specific act.

4.2. Sale of Real or Personal Property

Manner of Sale
When a judgment orders the sale of property (real or personal), the sale must be made in the manner specified by the judgment. If not specified, the procedure is the same as in execution sales of property under Rule 39, Sec. 14–19 (levy, notice, public auction, etc.).
Conveyance by the Officer
The officer conducting the sale executes the conveyance (deed of sale) in favor of the winning bidder or whoever is entitled to the conveyance, stating either the details of the sale or making reference to the judgment authorizing the same.

4.3. Delivery or Restitution of Real Property

Demand to Vacate
If the judgment directs delivery or restitution of real property, the sheriff or proper officer must demand the occupant to vacate.
- If the occupant refuses, the officer is empowered to oust such person and place the winning party in possession.
- The officer may seek law enforcement assistance to accomplish this, especially if there is resistance.
- The officer can break open any fence, wall, gate, or door to effectuate possession, but only when necessary and after due notice.
Removal/Demolition of Improvements
If the property contains improvements (such as a structure, building, or crops) placed by the losing party, the officer shall not demolish or remove them except upon a special court order, issued on motion of the winning party, after a hearing, and if the losing party fails to remove the improvements within the period set by the court.

4.4. Delivery of Personal Property

Seizure and Turnover
If the judgment orders the delivery of personal property (e.g., a car or a piece of machinery), the sheriff seizes the property and delivers it to the judgment obligee.
- If the property is not delivered or cannot be found, the officer demands the value of the property from the judgment obligor and enforces it like a money judgment.

5. Practical Points in Implementation

Sheriff’s Responsibilities
The sheriff (or other court officer) carries out the orders in the writ. This includes demanding compliance, physically removing occupants or improvements, and turning over property to the prevailing party.
Avoiding Delays and Abuse
- The prevailing party should coordinate closely with the sheriff and possibly local law enforcement to prevent stalling tactics or violent resistance.
- When necessary (especially in land cases), the sheriff should secure “Break Open” Orders to legally overcome physical barriers.
Costs and Damages
- Costs of Execution (e.g., fees for demolition, warehousing personal property, etc.) are charged to the losing party, subject to the court’s approval.
- If the sheriff or appointed commissioner performs tasks like signing deeds, notarial fees, or registration fees, these form part of the cost that the losing party must eventually shoulder.
Contempt Proceedings
If a party willfully disobeys or prevents enforcement of the writ for a specific act, the court may hold the disobedient party in contempt (Rules of Court, Rule 71). This can result in fines or even imprisonment, serving as a coercive measure to ensure compliance.
Motion for Issuance of Writ of Execution
- Normally, after a judgment becomes final and executory, the winning party files a motion for issuance of a writ of execution.
- For specific acts, the motion should explicitly pray for the issuance of a writ of execution in accordance with Section 9, specifying the needed steps (e.g., for restitution of property or for conveyance).

6. Illustrative Examples

Deed of Sale Not Executed by the Losing Party
- Judgment orders the defendant to execute a deed of sale over a parcel of land in favor of the plaintiff.
- Defendant refuses to sign.
- The court issues an order appointing the Branch Clerk of Court to sign on behalf of the defendant.
- The deed signed by the Clerk of Court is treated as if the defendant had signed it.
- Title is effectively transferred to the plaintiff upon registration.
Delivery of Real Property in an Ejectment Case
- A landlord wins an ejectment case against a tenant.
- After finality, a writ of execution is issued under Rule 39, Sec. 9.
- The sheriff demands the tenant to vacate the premises. If the tenant refuses, the sheriff forcibly ousts the tenant, changes locks, and delivers possession to the landlord.
Removal of Illegal Structures
- A city government obtains a judgment ordering a squatter or illegal occupant to remove a structure.
- The occupant refuses to remove it.
- The court, upon motion, issues a special order allowing the sheriff (with help from the city engineer, if needed) to demolish or remove the structure.
- Costs of demolition are taxed against the occupant.

7. Remedies of the Losing Party

Motion to Quash Writ of Execution
- If the losing party believes the writ is improperly issued or the execution is not in accordance with the judgment, they may file a motion to quash the writ or to stay its enforcement.
Injunction Against Execution
- In rare instances, a separate action for injunction may lie if there is a showing of extraordinary circumstances (e.g., clear lack of jurisdiction or the judgment has already been satisfied).
Post-Judgment Negotiation
- Sometimes the losing party can negotiate compliance terms (e.g., time extensions for vacating) with the prevailing party, subject to court approval.

8. Effect of Execution of Judgment for Specific Acts

Full Satisfaction of the Judgment
Once the specific act is performed (whether voluntarily by the losing party or by a court-appointed person), the judgment is deemed satisfied on that aspect.
Res Judicata / Conclusiveness of Judgment
The issues determined by the final judgment are conclusive between the parties. Further litigation on the same cause of action is generally barred.
Liability for Non-Compliance
If the losing party continues to disobey, they may face contempt, additional costs, and potentially further damages or sanctions.

9. Key Points to Remember

Rule 39, Section 9 is the central provision governing execution of judgments for specific acts.
Non-compliance allows the court to appoint someone else to perform the act, and may lead to contempt.
The court can divest and vest title in itself, which is as good as any properly signed deed.
Delivery of real or personal property often involves the sheriff or other officers physically enforcing possession or turn-over.
Demolition or removal of improvements requires a special order from the court after motion and hearing.
Costs incurred in performing or enforcing the specific act are chargeable to the disobedient party.

10. Conclusion

The execution of judgments for specific acts under Rule 39, Section 9 of the Rules of Court aims to ensure that the winning litigant obtains the precise relief granted by the court. Whether it is the conveyance of real property, the delivery of personal property, or the performance (or non-performance) of a particular act, the Rules provide robust mechanisms—ranging from the appointment of another individual to do the act to the imposition of contempt sanctions—designed to protect the integrity and enforceability of judicial decisions.

The fundamental principle is that a successful litigant should not be left holding a mere paper judgment. By allowing courts to directly vest title, to order physical delivery or removal, and to penalize disobedience, Philippine procedural law ensures judgments for specific acts remain meaningful and enforceable in practice.