Requisites before demolition order is issued | How a judgment is executed | Execution, Satisfaction, and Effect of Judgments (RULE 39) | CIVIL PROCEDURE

Below is a comprehensive discussion of the law, procedure, and key jurisprudential doctrines in the Philippines on the requisites before a demolition order is issued, particularly under Rule 39 of the Rules of Court. This is framed in the context of execution, satisfaction, and effect of judgments pertaining to the removal or demolition of improvements on real property. While exhaustive, the presentation is streamlined for clarity and utility.

I. Legal Basis Under Rule 39 of the Rules of Court

1. Execution of Judgments for Specific Acts (Rule 39, Section 10)

Section 10(c) of Rule 39 governs the execution of judgments involving the removal or demolition of improvements on real property. It provides the mechanism and authority for the court to order demolition when a prevailing party is entitled to recover possession of a property and the losing party (or occupants thereof) refuses to voluntarily remove structures or improvements.

The pertinent part of Rule 39, Section 10(c) states in essence:

“If a judgment requires a party to vacate a property and remove their personal property or improvements therefrom and the party fails to remove these improvements within the time specified by the judgment or final order, the court may order the demolition or removal of the improvements at the cost of the disobedient party.”

While the rule itself is concise, the Supreme Court has consistently held that certain requirements must be observed before a writ of demolition can validly issue.

II. Core Requisites for the Issuance of a Demolition Order

  1. Finality of Judgment

    • There must be a final and executory judgment or order directing the losing party to vacate the premises or remove the improvements. No writ of demolition can be issued while the main judgment remains pending appeal or is otherwise not yet final.
    • A judgment becomes final and executory when the period for appeal or motion for reconsideration has lapsed without any appeal or motion being filed, or when a higher court has definitively ruled on the matter.

  2. Specific Directive for Demolition in the Decision or in a Subsequent Order

    • Courts generally require that the decision or final order must expressly or implicitly authorize the demolition of improvements.
    • If the judgment itself does not specify demolition, the prevailing party may file a motion seeking the issuance of a writ of demolition, which the court may grant if it is necessary to fully implement the final judgment (i.e., to deliver possession to the prevailing party unencumbered by structures).

  3. Motion and Hearing Requirement

    • Mandatory Hearing: Before issuing a writ of demolition, the court must conduct a hearing to determine whether demolition is indeed necessary and that all legal conditions have been met.
    • Notice to All Affected Parties: The losing party and all other occupants or persons affected by the demolition must be given notice of the hearing. This ensures due process and allows them to raise any valid objections (e.g., compliance with certain social or special laws, existence of supervening events, or any subsequent compromise).

  4. Proof of Non-Compliance with Voluntary Removal

    • The prevailing party or the sheriff (acting under the original writ of execution) should show that the losing party was given an opportunity to voluntarily remove the improvements or to vacate the premises but has refused, failed, or neglected to do so.
    • Only after such refusal or lapse of the period given for voluntary compliance can the court properly issue a writ of demolition.

  5. Compliance with Special Laws (e.g., Urban Development and Housing Act)

    • When the occupants are underprivileged or homeless citizens (as may be covered by Republic Act No. 7279 or the “Urban Development and Housing Act of 1992”), there are additional safeguards.
    • Courts must ensure the requirements of said law, such as adequate notice, consultation, and relocation (when applicable), are properly observed. While the Rules of Court govern procedure, social legislation may require more stringent protocols and additional clearance from certain government agencies.

  6. Order Issued by the Court and Supervision by the Sheriff

    • Once the court issues the writ of demolition, it is typically the sheriff or another court-designated officer who implements it.
    • In many instances, coordination with local authorities (e.g., Philippine National Police, local government units) is required to ensure orderly and peaceful enforcement of the demolition.

III. Detailed Step-by-Step Procedure

  1. Entry of Judgment

    • Ensure that the judgment or decision has already attained finality. The clerk of court issues an Entry of Judgment or certifies that no appeal/motion remains pending.

  2. Issuance of Writ of Execution

    • The prevailing party files a Motion for Issuance of a Writ of Execution, requesting the court to execute the final judgment.
    • The court issues the writ instructing the sheriff to implement the dispositive portion—i.e., to place the prevailing party in possession and direct the losing party (and/or all persons claiming rights under them) to vacate.

  3. Demand to Vacate/Voluntary Removal Period

    • The sheriff serves the losing party a copy of the writ and gives them a reasonable period to vacate and/or remove their personal property or improvements. The timeframe is typically specified in the writ or in the sheriff’s notice.

  4. Sheriff’s Return of Writ (Partial Implementation)

    • If after the specified period there is non-compliance, the sheriff files a return to the court stating that the losing party refuses or fails to remove the improvements.

  5. Motion for Issuance of Writ of Demolition

    • The prevailing party (or sheriff, as the case may be) files a separate motion for a writ of demolition, explaining why removal of the structures is necessary to fully effectuate the judgment and attaching proof of non-compliance.

  6. Hearing on the Motion

    • The court sets the motion for hearing and notifies all affected parties, giving them an opportunity to be heard on matters such as compliance with social legislation, possible supervening events, or any compromise agreement reached by the parties.

  7. Court Evaluation and Order

    • After the hearing, if the court is satisfied that demolition is warranted and that all requirements are met (e.g., final judgment, due notice, due process), it issues the Order/Writ of Demolition.

  8. Implementation of the Writ of Demolition

    • The sheriff implements the writ under the court’s supervision, often with assistance from law enforcement for security and maintenance of peace and order.
    • Costs incurred for the demolition are charged to the losing party (or the party ordered by the court to shoulder such costs).

IV. Pertinent Jurisprudence and Principles

  1. Mandatory Nature of Hearing

    • The Supreme Court, in numerous cases, has emphasized that a hearing prior to the issuance of a writ of demolition is mandatory. Absent such hearing, the demolition order can be considered void for lack of due process.

  2. Due Process Considerations

    • Any demolition that occurs without proper notice or a chance to be heard can be struck down by higher courts. The fundamental right to due process must be observed despite the existence of a valid final judgment for possession.

  3. Good Faith vs. Bad Faith Occupants

    • Courts sometimes distinguish between good faith and bad faith possessors or builders. While this distinction can affect claims for reimbursement or better rights to improvements, it does not typically prevent demolition if the structures are found to be illegally encroaching, or if their presence stands in the way of executing a judgment for possession.

  4. Urban Development and Housing Act (RA 7279)

    • Demolitions involving informal settlers or underprivileged citizens must further comply with the provisions of RA 7279, such as:
      • Adequate notice of at least 30 days prior to date of eviction or demolition;
      • Consultation with the affected families;
      • Presence of local government officials or their representatives during demolition;
      • Proper identification of persons taking part in the demolition;
      • Other requirements that ensure humane treatment and possible relocation.
    • Courts have recognized that while RA 7279 does not deprive the owner of the property the right to recover possession, it tempers the manner and conditions for demolition in order to protect the underprivileged.

  5. Strict Construction of Writs

    • A writ of demolition is strictly construed against the party seeking its enforcement. Courts will see to it that the orders do not exceed the scope of the final judgment and that no unnecessary or oppressive measures are taken.

V. Practical Notes and Reminders

  1. Exhaust Alternative Remedies

    • Often, parties enter a compromise agreement before actual demolition, such that voluntary relocation or payment for improvements is made.
    • The court strongly encourages settlement to spare both sides from the inherent tension and expenses of forced demolition.

  2. Potential Liabilities Arising from Improper Demolition

    • If a demolition is carried out without the requisite court order or in excess of the order, the party causing it, as well as the implementing officer, can be held liable for damages, contempt of court, or administrative sanctions.

  3. Role of Sheriffs and Local Authorities

    • The sheriff strictly follows the terms of the demolition order. Any deviation (e.g., including areas or structures not covered by the order) is prohibited.
    • Law enforcement (PNP or barangay officials) may assist but are bound to act only within the parameters of the court’s writ.

VI. Summary of Key Points

  1. A valid, final, and executory judgment is the bedrock of any demolition proceeding.
  2. Demolition must be expressly authorized—either in the final judgment itself or through a subsequent motion and court order.
  3. Notice and hearing before the issuance of the demolition order are mandatory to satisfy due process.
  4. Non-compliance or refusal to voluntarily remove the structures within the given period justifies the issuance of a writ of demolition.
  5. Compliance with RA 7279 is critical if the occupants are underprivileged or homeless.
  6. Court supervision—through the sheriff or a duly authorized officer—is required to ensure that the demolition is carried out strictly, peacefully, and lawfully.
  7. Violations of these procedural and substantive requirements can lead to the nullification of the demolition order and potential liability for those who implement it improperly.

Final Takeaway

The requisites before a demolition order is issued in the Philippines center on due process, clarity of the court’s directive, and respect for social welfare legislation in cases involving underprivileged occupants. Strict adherence to Rule 39, Section 10(c) of the Rules of Court and applicable Supreme Court rulings ensures that the property owner’s rights are enforced without trampling on the constitutional rights to due process of the occupants. Proper procedure—final judgment, notice, hearing, and court-supervised execution—remains paramount to avoid legal infirmities and potential liabilities.

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

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