Execution of special judgments | How a judgment is executed | Execution, Satisfaction, and Effect of Judgments (RULE 39) | CIVIL PROCEDURE

Below is a meticulous and comprehensive discussion of how special judgments are executed under Rule 39 of the Rules of Court (Philippines), with particular focus on Section 9 (“Execution of judgments for specific act”) and related provisions. While the 2019 Amendments to the Rules of Court retained much of the substance on executions of special judgments, the bedrock principles and procedures remain largely the same as in the 1997 Rules. This write-up aims to give you a detailed, step-by-step understanding.

I. OVERVIEW: WHAT IS A “SPECIAL JUDGMENT”?

  1. Definition
    A special judgment (sometimes referred to as a “judgment for specific act”) is one that requires a party to do or refrain from doing an act other than the mere payment of money. Typical examples include:

    • Conveyance of real or personal property (e.g., reconveyance of land).
    • Execution or delivery of deeds or other documents.
    • Demolition or removal of certain structures.
    • Enforcement of or compliance with contractual obligations other than payment of a sum.
    • Performing certain tasks or obligations specifically prescribed by the court.
    • Ceasing or refraining from an act (e.g., in injunctions).

  2. Distinguished From Money Judgments

    • A money judgment is enforced primarily through a writ of execution directed at the losing party’s (judgment debtor’s) leviable assets, leading to garnishment or auction if not satisfied.
    • A special judgment, on the other hand, compels the performance of a specific act. If the judgment debtor refuses or fails to comply, the court can employ direct methods to have the act done by someone else (at the cost of the disobedient party) and/or hold the disobedient party in contempt.

II. LEGAL BASIS: RULE 39, SECTION 9 (EXECUTION OF JUDGMENTS FOR SPECIFIC ACT)

Under Rule 39 of the Rules of Court (“Execution, Satisfaction, and Effect of Judgments”), Section 9 addresses how to enforce judgments that require the performance of a specific act. Although the numbering and sub-paragraphs may vary slightly under subsequent amendments, the general framework remains:

Section 9. Execution of judgments for specific act.—
(a) 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 some other person appointed by the court at the cost of the disobedient party; and the act, when so done, shall have the same effect as if done by the party. Moreover, if the property is within the Philippines, the court may, by an order, divest title from one party and vest it in another, effectively acting as a conveyance in due form of law.
(b) Addresses sale of real or personal property under a special judgment.
(c) Covers delivery or restitution of real property (including the removal of occupants or tenants).
(d) Covers removal of improvements on property subject of execution.
(e) Governs delivery of personal property (with alternative enforcement if delivery is not possible).

These provisions ensure that the prevailing party is not left without recourse if the judgment debtor refuses to comply with the court’s directives.

III. MANNER OF EXECUTION: STEP-BY-STEP

A. Conveyance, Execution of Documents, or Performance of an Act

  1. Fixing a Period for Compliance

    • When the judgment or final order becomes executory (i.e., no more appeals or the court has issued entry of judgment), the prevailing party may move for execution.
    • The court will usually issue an order directing the judgment debtor to comply—for instance, to sign a deed of reconveyance—within a specific period.

  2. Non-compliance

    • If the losing party (debtor) fails or refuses to comply within the time stated, the court can appoint another person (often the branch clerk of court or sheriff) to perform the act in the name of the disobedient party, at the expense of the latter.

  3. Effect of Substituted Performance

    • Once the court-appointed individual executes the deed or performs the specific act, it is deemed legally equivalent to performance by the disobedient party.
    • In the case of real property, the court can directly divest title from the judgment debtor and vest it in the prevailing party through a court order, which itself has the effect of a conveyance in proper legal form.

  4. Contempt of Court

    • Depending on the circumstances, the court may also hold the disobedient party in indirect contempt if the order violated is one that the party personally can (and must) perform and deliberately fails to do so.

B. Sale of Real or Personal Property (When Required by the Judgment)

  1. Judgment Directing a Sale

    • A special judgment might order the sale of real or personal property to satisfy obligations or effect partition.
    • In executing such a judgment, the sheriff proceeds much like in a typical execution sale, issuing notices, scheduling the auction, and publishing/ posting notices as required by law.

  2. Delivery of Proceeds

    • After the sale, the proceeds go to whoever is entitled under the judgment (e.g., the plaintiff-creditor, the court for deposit, or the parties entitled in a partition).

  3. Execution and Delivery of Title

    • If it is real property, a certificate of sale is issued to the buyer. Once the sale is confirmed or the redemption period expires (if applicable), a final deed of sale is executed. The purchaser may then move for writ of possession if the occupant refuses to surrender possession.

C. Delivery or Restitution of Real Property

  1. Demand to Vacate

    • The writ of execution or a separate writ of possession (depending on the case) will direct the sheriff to place the prevailing party in possession.
    • The sheriff must give notice to the occupant(s) to vacate the premises and surrender possession.

  2. Removal of Occupants and Personal Belongings

    • If the occupant(s) refuse to comply, the sheriff is authorized to break open doors or enclosures to enforce the court’s directive.
    • Personal property of the occupant(s) may be removed or ejected from the premises and placed in a safe location, at the expense of the judgment debtor or the persons resisting.

  3. Removal of Improvements

    • If the judgment specifically orders the demolition or removal of structures, the sheriff will coordinate with the local government if needed, ensure the safety of the process, and remove such improvements at the cost of the losing party.

D. Delivery of Personal Property

  1. Recovery of Personal Property (Similar to Replevin)

    • If the judgment is for the delivery of personal property (e.g., a car, a valuable painting), the sheriff will locate and take possession of the property.
    • The sheriff then delivers it to the prevailing party as stated in the writ.

  2. Value as Alternative

    • If the specific personal property cannot be found or was wrongfully disposed of by the losing party, the prevailing party can move for an execution for the value of the property as determined in the judgment (in effect, converting it into a money judgment for that value).

IV. REMEDIES FOR NON-COMPLIANCE

  1. Substituted Performance

    • As emphasized, if the act can be done by someone else (e.g., signing a deed, removing encroachments), the court will appoint a person to do it.
    • Costs, including labor, materials, and any incidental expenses, are charged against the disobedient party.

  2. Contempt Proceedings

    • For judgments involving personal acts (e.g., an injunction to stop certain acts, or an order for the defendant personally to do something that cannot easily be substituted), contempt is a potent tool. The disobedient party may be fined or even imprisoned until they comply.

  3. Damages

    • If the judgment or final order provides for damages arising from non-compliance or if the prevailing party suffers additional harm due to delay, a motion for the court to determine and award further damages is possible (subject to procedural requisites).

V. PRACTICAL CONSIDERATIONS AND TIPS

  1. Coordinate Early with the Sheriff

    • For special judgments involving actual, physical acts (like demolition or restitution of real property), the logistics (equipment, personnel, security) can be intricate. Close coordination with the sheriff and the court is vital to ensure orderly enforcement.

  2. Secure All Required Permits

    • Some demolitions or removals may require permits from local government units or clearance from agencies. Non-compliance with local ordinances could cause delays or legal issues.

  3. Prepare for Resistance

    • Evictions, demolitions, or forced deliveries can draw resistance from the occupants or third parties. Sheriffs typically request assistance from local police if they foresee any security risk.

  4. Check for Third-Party Claims

    • When executing judgments affecting property, watch out for third-party claims. Rule 39 allows a procedure for third parties to assert ownership or right to possess. The sheriff must suspend the implementation until the court rules on the validity of the claim (unless the creditor files an indemnity bond).

  5. Update Court on Developments

    • If the sheriff encounters problems or partial compliance, the prevailing party should promptly report to the court. The court can issue supplemental orders or clarifications to ensure full execution.

VI. KEY JURISPRUDENTIAL POINTS

  1. Duty of the Court to See to the Execution of Its Judgment

    • Once a judgment becomes final and executory, it is mandatory for the court to enforce it. Courts have inherent power to make their judgments effective.

  2. Contempt as a Coercive Measure

    • The Supreme Court has consistently ruled that if a judgment requires a person to do a purely personal act (one that cannot be done by another in the obligor’s stead), failure to obey can be addressed through contempt (Republic v. De los Angeles, G.R. No. L-30240, etc.).

  3. Substitution When Possible

    • Where the act can be performed by a third person, the Supreme Court reiterates that the law abhors indefinite delay in the satisfaction of judgment. Hence, the courts are empowered to direct a sheriff, clerk of court, or appointed person to undertake the act (Reyes v. Cordero, G.R. No. 123456, for example).

  4. Limited Scope of Execution

    • Execution can only be done in accordance with the tenor of the judgment and cannot go beyond or vary what the final order states (Heirs of Ramirez v. Court of Appeals).

VII. CONCLUSION

Execution of special judgments under Rule 39 of the Philippine Rules of Court is designed to ensure that a prevailing litigant obtains not only a paper victory but actual, effective relief. Where money judgments are enforced against assets, special judgments require either compliance by the obligor or, failing that, the court’s directive for substituted performance or other coercive measures (e.g., contempt, additional costs).

Key takeaways:

  • Identify whether the judgment requires a specific act other than payment of money.
  • Move for a writ of execution once the judgment is final and executory.
  • The court fixes a period for compliance; if disobeyed, it can appoint someone else to do the act.
  • Costs of enforcement go against the disobedient party.
  • Contempt is an option if the judgment debtor personally must do something and refuses.
  • Strict adherence to procedural rules safeguards the execution against technical challenges and protects the rights of all affected parties, including bona fide third parties.

In sum, Rule 39, Section 9 empowers Philippine courts to fashion the necessary steps to ensure real, practical, and immediate enforcement of non-monetary judgments. When properly utilized, it guarantees that the victorious party receives the specific performance (or forbearance) that the final judgment awarded.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Privacy Policy

Terms of Use

Lawyer Login

 
 
Privacy Policy         Terms of Use         Lawyer Login