EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS (Rule 39)

Difference between finality of judgment for purpose of appeal

 The term “final” when used to describe a judgment may be used in two senses:

- In the first, it refers to a judgment that disposes of a case in a manner that

leaves nothing more to be done by the court in respect thereto. In this sense, a
final judgment is distinguished from an interlocutory order which does not
finally terminate or dispose of the case

- Since the finality of a judgment has the effect of ending the litigation, an
aggrieved party may then appeal from the judgment. Under Sec. 1, Rule 41,
an appeal may be taken from a judgment or final order that completely
disposes of the case. Under the same rule, an appeal cannot be taken from an
interlocutory order.
- In another sense, the word “final” may refer to a judgment that is no longer
appealable and is already capable of being executed because the period for
appeal has elapsed without a party having perfected an appeal or if there has
been appeal, it has already been resolved by a highest possible tribunal.

Section 1. When execution shall issue; Execution as a matter of right

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.
 

- Execution as a matter of right is available in two instances:

1. Upon the expiration of the period to appeal therefrom if no appeal has been
duly perfected.
2. Appeal has been duly perfected and finally resolved.
 - When a judgment becomes final and executory, all the issues between the
parties are deemed resolved and laid to rest. All that remains is the execution
of the decision which is a matter of right. However, the Court enumerates the
instances where a writ of execution may be appealed, one of which is when
there has been a change in the situation of the parties making execution
inequitable or unjust. Also, Sec. 5, Rule 135 of the Rules of Court states that it
is an inherent power of a court to amend and control its process and orders so
as to make them conformable to law and justice

- Execution is a matter of right upon the expiration of the period to appeal and
no appeal was perfected from a judgment or order that disposes of the action
or proceeding (Sec. 1, Rule 39). Once a judgment becomes final and executory,
the prevailing party can have it executed as a matter of right, and the issuance
of a writ of execution becomes the ministerial duty of the court. Once a
decision becomes final and executory, it is the ministerial duty of the
presiding judge to issue a writ of execution except in certain cases, as when
subsequent events would render execution of judgment unjust

- Once a judgment becomes final, it is basic that the prevailing party is entitled
as a matter of right to a writ of execution the issuance of which is the trial
court’s ministerial duty, compellable by mandamus”

- Execution is a matter or right after expiration of period to appeal and no

appeal is perfected, except in the following cases:
1. Where judgment turns out to be incomplete or conditional;
2. Judgment is novated by the parties;
3. Equitable grounds (i.e., change in the situation of the parties—
supervening fact doctrine)
4. Execution is enjoined (i.e., petition for relief from judgment or annulment
of judgment with TRO or writ of preliminary injunction);
5. Judgment has become dormant; or
6. Execution is unjust or impossible.

Section 2. Discretionary 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.

- The concept of discretionary execution constitutes an exception to the general

rule that a judgment cannot be executed before the lapse of the period for
appeal or during the pendency of an appeal.

- Under Sec. 1, Rule 39, execution shall issue only as a matter of right upon a
judgment or final order that finally disposes of the action or proceeding upon
the execution of the period to appeal therefrom if no appeal has been duly
perfected.

- A discretionary execution is called “discretionary” precisely because it is not

a matter of right. The execution of a judgment under this concept is addressed
to the discretionary power of the court. Unlike judgments that are final and
executory, a judgment subject to discretionary execution cannot be insisted
upon but simply prayed and hoped for because a discretionary execution is
not a matter of right.

- A discretionary execution like an execution pending appeal must be strictly

construed because it is an exception to the general rule. It is not meant to be
availed of routinely because it applies only in extraordinary circumstances. It
should be interpreted only insofar as the language thereof fairly warrants,
and all doubts should be resolved in favor of the general rule. Where the
execution is not in conformity with the rules, the execution is null and void.
- Requisites for discretionary execution:
1. There must be a motion filed by the prevailing party with notice to the
adverse party;
2. There must be a hearing of the motion for discretionary execution;
3. There must be good reasons to justify the discretionary execution; and
4. The good reasons must be stated in a special order (Sec. 2, Rule 39)

- The general rule is that only judgments which have become final and
executory may be executed. However, discretionary execution of appealed
judgments may be allowed under Section 2 (a) of Rule 39 of the Revised Rules
of Civil Procedure upon concurrence of the following requisites: (a) there
must be a motion by the prevailing party with notice to the adverse party; (b)
there must be a good reason for execution pending appeal; and (c) the good
 reason must be stated in a special order. The yardstick remains the presence
or the absence of good reasons consisting of exceptional circumstances of
such urgency as to outweigh the injury or damage that the losing party may
suffer, should the appealed judgment be reversed later. Since the execution of
a judgment pending appeal is an exception to the general rule, the existence
of good reasons is essential
- The Court of Appeals properly upheld the Regional Trial Court's issuance of
a writ of execution pending appeal. Under Rule 39, Section 2(a), a judgment
appealed before the Court of Appeals may still be executed by the Regional
Trial Court, provided there are good reasons for the judgment's execution.

Residual Jurisdiction

- Residual jurisdiction refers to the authority of the trial court to issue orders
for the protection and preservation of the rights of the parties which do not
involve any matter litigated by the appeal; to approve compromises; to
permit appeals by indigent litigants; to order execution pending appeal in
accordance with Section 2, Rule 39; and to allow the withdrawal of the
appeal, provided these are done prior to the transmittal of the original record
or the record on appeal, even if the appeal has already been perfected or
despite the approval of the record on appeal or in case of a petition for review
under Rule 42, before the CA gives due course to the petition.

- The "residual jurisdiction" of the trial court is available at a stage in which

the court is normally deemed to have lost jurisdiction over the case or the
subject matter involved in the appeal. This stage is reached upon the
perfection of the appeals by the parties or upon the approval of the records
on appeal, but prior to the transmittal of the original records or the records on
appeal. In either instance, the trial court still retains its socalled residual
jurisdiction to issue protective orders, approve compromises, permit appeals
of indigent litigants, order execution pending appeal, and allow the
withdrawal of the appeal

Section 3. Stay of discretionary execution

- Discretionary execution issued may be stayed upon approval by the proper

court of a sufficient supersedeas bond

a. Filed by the party against whom it is directed, and

b. 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.
- General rule: The filing of a supersedeas bond is sufficient to stay the
enforcement of a discretionary execution. [Sec. 3, Rule 39]
 - Exception: Where the needs of the prevailing party are urgent, the Court can
order immediate execution despite such supersedeas bond.

Section 4. How a judgment is executed

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.

- 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.

- Judgments that may be altered or modified after becoming final and

executory:

1. Facts and circumstances transpire which render its execution impossible or

unjust;
2. Support;
3. Interlocutory judgment.

- Execution by motion or by independent action (Sec. 6) (1) A final and

executory judgment or order may be executed on motion within 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 5 years from the date of its
entry and thereafter by action before it is barred by the statute of limitations.

- An action to revive a judgment is an action whose exclusive purpose is to

enforce a judgment which could no longer be enforced by mere motion.

- Section 6, Rule 39 of the Revised Rules of Court provides:

Section 8. Issuance 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 term, in the manner hereinafter 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 hands of personal
representatives, heirs, devisees, legatees, tenants, or trustees of the
judgment obligor, to satisfy the judgment, with interest, out of such
property;
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 movants.

Section 9. Execution of judgment for money

- In executing a judgment for money, the sheriff shall follow the following
steps:
1. Demand from the judgment obligor the immediate payment of the full
amount stated in the judgment including the lawful fees in cash, certified
check payable to the judgment obligee or any other form of payment
acceptable to him (Sec. 9). In emphasizing this rule, the SC held that in the
execution of a money judgment, the sheriff is required to first make a
 demand on the obligor for the immediate payment of the full amount
stated in the writ of execution
2. If the judgment obligor cannot pay all or part of the obligation in cash,
certified check or other mode of payment, the officer shall levy upon the
properties of the judgment obligor. The judgment obligor shall have the
option to choose which property or part thereof may be levied upon. If the
judgment obligor does not exercise the option, the officer shall first levy
on the personal properties, if any, and then on the real properties if the
personal properties are insufficient to answer for the personal judgment
but the sheriff shall sell only so much of the property that is sufficient to
satisfy the judgment and lawful fees (Sec. 9[b]).

Section 10. Execution of judgment for specific acts

- If the judgment requires a person to perform a specific act, said act must be
performed but if the party fails to comply within the specified time, the court
may direct the act to be done by someone at the cost of the disobedient party
and the act when so done shall have the effect as if done by the party (Sec
10[a]). If the judgment directs a conveyance of real or personal property, and
said property is in the Philippines, the court in lieu of directing the
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 (Sec. 10[a], Rule 39).

Section 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.

Section 12. Effect of levy on 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.

- A lien is a “legal claim or charge on property, either real or personal, as a

collateral or security for the payment of some debt or obligation. A lien, until
discharged, follows the property.

Section 13. Properties exempt from execution

 - There are certain properties exempt from execution enumerated under Sec.
13, Rule 39:

1. The judgment obligor’s family home as provided by law, or the homestead in

which he resides, and the land necessarily used in connection therewith;
2. Ordinary tools and implements personally used by him in his trade,
employment, or livelihood;
3. 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;
4. His necessary clothing and articles for ordinary personal use, excluding
jewelry;
5. 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 100,000 pesos.
6. Provisions for individual or family use sufficient for four months;
7. The professional libraries and equipment of judges, lawyers, physicians,
pharmacists, dentists, engineers, surveyors, clergymen, teachers, and other
professionals, not exceeding 300,000 pesos;
8. One fishing boat and accessories not exceeding the total value of 100,000
pesos owned by a fisherman and by the lawful use of which he earns his
livelihood;
9. So much of the salaries, wages, or earnings of the judgment obligor for his
personal services with 4 months preceding the levy as are necessary for the
support of his family;
10. Lettered gravestones;
11. Monies, benefits, privileges, or annuities accruing or in any manner growing
out of any life insurance;
12. The right to receive legal support, or money or property obtained as such
support, or any pension or gratuity from the government; and
13. Properties specially exempted by law (Sec. 13, Rule 39). (2) If the property
mentioned in Sec. 13 is the subject of execution because of a judgment for the
recovery of the price or upon judgment of foreclosure of a mortgage upon the
property, the property is not exempt from execution.

Section 16. Proceedings where property is claimed by third persons

 
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.

- 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.

- Requisites for a claim by a third person [Relate with Rule 57, Sec. 14, and Rule
60, Sec. 7)]:

1. The property is levied;

2. The claimant is a person other than the judgment obligor or his agent;
3. An affidavit of his title thereto or right to the possession thereof stating
the grounds of such right or title; and
4. The claimant serves the affidavit upon the officer making the levy and the
judgment obligee.

Section 36. Examination of judgments obligor when judgment is unsatisfied

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.

- 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

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.
 

- 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 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 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.

Section 47. Effect of judgment or final orders: Res Judicata

- 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 truth of the testator or intestate;

- 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

- 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.

- Res judicata has two concepts.

o The first is bar by prior judgment under Rule 39, Section 47(b), and the
second is conclusiveness of judgment under Rule 39, Section 47(c).
Jurisprudence taught us well that res judicata under the first concept
or as a bar against the prosecution of a second action exists when there
is identity of parties, subject matter and cause of action in the first and
second actions. The judgment in the first action is final as to the claim
or demand in controversy, including the parties and those in privity
 with them, not only as to every matter which was offered and received
to sustain or defeat the claim or demand, but as to any other
admissible matter which might have been offered for that purpose and
of all matters that could have been adjudged in that case. The case at
hand satisfies the essential requisites of res judicata under the first
concept. The RTC is therefore correct in dismissing the case on the
ground of res judicata

Section 48. Enforcement and effect of foreign judgments or final orders

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.

- 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.

- 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.

- A foreign judgment on the mere strength of its promulgation is not yet

conclusive, as it can be annulled on the grounds of want of jurisdiction, want
of notice to the party, collusion, fraud, or clear mistake of law or fact. It is
likewise recognized in Philippine jurisprudence and international law that a
foreign judgment may be barred from recognition if it runs counter to public
policy.
CASES:

Ong vs. Tating (1987)

 Jurisdiction of the trial court to deal with third party claimants’ plea for relief is
not lost upon posting of indemnity bond. Trial Court has plenary jurisdiction
over the proceedings for the enforcement of its judgments. When the sheriff thus
seizes property of a third person in which the judgment debtor holds no right or
interest, and so incurs in error, the supervisory power of the Court which has
authorized execution may be invoked by the third person.

Naguiat v. Court of Appeals (2000)

 A third-party claimant has the right to bring an independent action to assert his
claim of ownership over the properties seized. Claimant may also avail of the
remedy known as “terceria”. An action for damages may also be brought against
the officer.

Palicte v. Ramolete (1987)

 The right of a son, with respect to the property of a father or mother, is also an
inchoate or contingent interest, because upon the death of the father or the
mother or both, he will have a right to inherit said conjugal property. If any
holder of an inchoate interest is a successor in interest with right to redeem a
property sold on execution, then the son is such a successor in interest, as he has
an inchoate right to the property of his father.

Fortunato v. Court of Appeals (1991)

 A check maybe used for exercise of the right of redemption, the same being a
right and not an obligation. The tender of a check is sufficient to compel
redemption but is not in itself payment that relieves the redemptioner from his
liability to pay redemption price.

Tolentino v. Court of Appeals (1981)

 A formal offer to redeem, accompanied by a bona fide tender of the redemption
price, although proper, is not essential where the right to redeem is exercised
through the filing of judicial action, which was made simultaneously with the
deposit of the redemption price with the Sheriff, within the period of
redemption. The filing of the action itself, within the period of redemption, is
equivalent to a formal offer to redeem.

Bacos v. Arcega (2008)

 A mere affidavit to support a thirdparty claim is not enough, as circumstances
and proof supporting the third-party claimant’s ownership or possession of the
levied properties must be specified. Section 16, Rule 39 requires a third-party
claimant to make an “affidavit of his title thereto or right to the possession
thereof, stating the ground of such title”. Corollarily, Section 3, Rule VI of the
 NLRC Manual of Instructions for Sheriffs provides that “should the third party
claim be found to be without factual or legal basis, the sheriff must proceed with
the execution”.

Buado v. Court of Appeals (2009)

 If a separate action is the recourse, the third-party claimant must institute in a
forum of competent jurisdiction an action, distinct and separate from the action
in which the judgment is being enforced, even before or without need of filing a
claim in the court that issued the writ. Only a stranger to the case may file a
third-party claim

Dilag v. Intermediate Appellate Court (1987)

 Even if the title to the land in the name of petitioners was issued just days ahead
of the deed of sale, said Deed of Sale was, as the Court found, simulated and
fictitious, fabricated to defraud private respondent. Such cannot render the
execution sale void.

Campillo v. Court of Appeals (1984)

 A sale of real estate whether made as a result of a private transaction or of a
foreclosure or execution sale, becomes legally effective against 3rd persons only
from the date of registration.

Northwest Airlines v. Court of Appeals (1995)

 A judgment in an action in personam in a court of a foreign country having
jurisdiction is presumptive evidence of a right as between the parties and their
successors-in-interest. The judgment may be assailed by evidence of want of
jurisdiction, want of notice to the party, collusion, fraud, or clear mistake of law
or fact. The party attacking a foreign judgment has the burden of disputing the
presumption of its validity.

Corpuz v. Sto. Tomas (2010)

 The foreign divorce decree, after its authenticity and conformity with the alien’s
national law have been duly proven according to our rules of evidence, serves as
a presumptive evidence of right in favor of the alien spouse, pursuant to Section
48, Rule 39 of the Rules of Court which provides for the effect of foreign
judgments. Being the subject of a foreign judgment is sufficient to clothe a party
with the requisite interest to institute an action before our courts for the
recognition of the foreign judgment. Example, in a divorce situation, the divorce
obtained by an alien abroad may be recognized in the Philippines, provided the
divorce is valid according to his or her national law.

Oropeza Marketing Corporation v. Allied Banking (2002)

  Even though there was no identity of causes of action in the first and second
cases, the second case still constituted res judicata on the first case. This is the
conclusiveness of judgment aspect of res judicata.

Mijares v. Ranada (2005)

 Computation of filing fees regarding actions to enforce foreign judgments is
governed by Rule 141 Sec. 7(b)(3) involving “other actions not involving
property.”

Policarpio v. Active Bank (2008)

 Under Rule 39 Sec. 33, the general rule is that a purchaser of property in an
extrajudicial foreclosure sale is entitled to possession and a WOP shall be issued
by the TC as a matter of course. However, such is not the situation when there is
a third party in possession if the property claiming a right adverse to that of the
debtor/mortgagor in which case the court should conduct a hearing to
determine the nature of the adverse possession