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When execution may issue.
SEC. 443. When execution may issue. — The party in whose favor judgment is given, may, at any time within five years after the entry thereof, have a writ of execution issued for its enforcement, as hereinafter provided.
Issuance, form, and requisites of execution.
SEC. 444. Issuance, form, and requisites of execution. — The execution must be issued in the name of the United States of America, Philippine Islands, sealed with the seal of the court, and subscribed by the judge, or clerk thereof, and be directed to the governor of the province, or any of his deputies, and must intelligibly refer to the judgment, stating the court, and the province where the record of the judgment is, and if it be for money, the amount thereof, and the amount actually due thereon; and if made payable in a specified kind of money or currency the execution must also state the kind of money or currency in which the judgment is payable, and must direct the governor or his deputy, substantially as follows: 1. If the execution be against the property of the judgment debtor, it must require the governor, or his deputy, to satisfy the judgment with interest out of the personal property of such debtor, and if sufficient personal property can not be found, then out of his real property; 2. If it be against real or personal property in the hands of the personal representatives, heirs, devisees, legatees, tenants, or trustees, it must require the governor, or his deputy, to satisfy the judgment, with interest, out of such property; 3. If it be against the person of the judgment debtor, it must require the governor, or his deputy, to arrest such debtor and commit him to the jail of the province until he pays the judgment, with interest, or be discharged, according to law; 4. If it be issued on a judgment made payable in a specified kind of money or currency, it must also require the governor, or his deputy, to specify the same kind of money or currency in which the judgment is made payable, and payment must be refused in any other kind of money or currency; and in case of levy upon the sale of the property of the judgment debtor, payment from any purchaser at such sale in any other kind of money or currency than that specified in the execution must be refused. The governor, or his deputy, collecting money or currency in the manner prescribed in this section, must pay to the plaintiff, or party entitled to recover the same, the same kind of money or currency received by him; 5. If it be for the delivery of the possession of real or personal property, it must require the governor, or his deputy, to deliver the possession of the same, describing it, to the party entitled thereto. It may, at the same time, require the governor, or his deputy, to satisfy any costs, damages, rents, or profits covered by the same judgment out of the personal property of the person against whom it was rendered, and if sufficient personal property can not be found, then out of the real property.
Return of execution.
SEC. 445. Return of execution. — The execution may be made returnable, at any time, not less than ten nor more than sixty days after its receipt, by the governor, or his deputy, to the clerk of the court rendering the judgment. The officer serving it must set forth in writing on its back, the whole of his proceedings by virtue thereof, and when it is returned the clerk must file it and preserve it with the other papers in the action. If real estate be levied upon and sold by virtue of the execution, the clerk must record the execution, and the officer's return thereon, at large, and certify the same under his hand as true copies, in a book to be called the "Execution Book," which book must be indexed with the names of the plaintiffs and the defendants to the execution, alphabetically arranged, and kept open at all times during office hours, for inspection of the public without charge. It shall be evidence of the contents of the originals whenever they, or any part thereof, may be destroyed or mutilated.
Executions in cases of special judgment.
SEC. 446. Executions in cases of special judgment. — When a judgment requires the sale of property specially named in the judgment, the same may be enforced by a writ of execution, reciting such judgment, or the material facts thereof, directing the officer to execute the judgment by making the sale and applying the proceeds in conformity therewith. When the judgment requires the performance of any other act than the payment of the money, or the delivery of real or personal property, or the arrest of the defendant, or the sale of special property named in the judgment, a certified copy of the judgment may be served by the officer upon the party against whom the same is rendered, or upon the person or officer required thereby, or by law, to obey the same, and obedience thereto may be enforced by the court by proceedings as for contempt.
Enforcement of judgment after lapse of five years.
SEC. 447. Enforcement of judgment after lapse of five years. — In all cases, a judgment may be enforced after the lapse of five years from the date of its entry, and before the same shall have been barred by any statute of limitation, by an action instituted in regular form, by complaint, as other actions are instituted.
Execution in case of death of party.
SEC. 448. Execution in case of death of party. — Notwithstanding the death of a party after the judgment, execution thereon may be issued, or one already issued may be enforced as follows: 1. In case of the death of the judgment creditor, upon the application of his executor or administrator, or successor in interest; 2. In case of the death of the judgment debtor, if the judgment be for the recovery of real or personal property, or the enforcement of a lien thereon.
Into what provinces executions may run.
SEC. 449. Into what provinces executions may run. — Where the execution is against the property of the judgment debtor, it may be issued to the governor, or his deputy, of any province where property of the debtor is found. If the execution is against the body of a defendant, it may be issued to the governor, or his deputy, of any province where the defendant is found. Where it requires the delivery of real or personal property, it must be issued to the governor, or his deputy, of the province where the property, or some part thereof, is situated. Executions may be issued, at the same time, for different provinces.
Property liable to execution.
SEC. 450. Property liable to execution. — All goods, chattels, moneys, and other property, both real and personal, or any interest therein of the judgment debtor, not exempt by law, and all property and rights of property seized and held under attachment in the action, shall be liable to execution. Shares and interests in any corporation or company, and debts, credits and all other property, both real and personal, or any interest in either real or personal property, and all other property, not capable of manual delivery may be attached on execution, in like manner as upon writs of attachment.
Claims by third persons to property levied on.
SEC. 451. Claims by third persons to property levied on. — Property levied on can be claimed by a third person as his property, by a written claim, verified by the oath of such claimant, setting out his title thereto, his right to possession thereof, stating the grounds of such title, and served upon the governor, or his deputy, or officer making the levy. The officer in such case is not bound to keep the property, unless the plaintiff, or the person in whose favor the writ of the execution runs, on demand, indemnify the officer against such claim by an obligation, signed by the plaintiff, with good and sufficient surety, and no claim to such property shall be valid against the officer, or shall be received or be notice of any rights against him unless made as herein provided; but nothing herein contained shall prevent such third person from vindicating his claim to the property by any proper action.
Exemptions from executions.
SEC. 452. Exemptions from executions. — The following property shall be exempt from attachment and execution, except as herein otherwise provided: 1. The debtor's homestead, in which he resides, and land necessarily used in connection therewith, both not exceeding in value one hundred and fifty pesos; 2. Tools and implements necessarily used by him in his trade or employment; 3. Two horses or two cows, or two carabaos, or other beasts of burden, such as the debtor may select, not exceeding one hundred and fifty pesos in value, and necessarily used by him in his ordinary occupation; 4. His necessary clothing, and that of all his family; 5. Household furniture and utensils necessary for housekeeping, and used for that purpose by the debtor, such as the debtor may select, of a value not exceeding seventy-five pesos; 6. Provisions actually provided for individual or family use sufficient for three months; 7. The professional libraries of lawyers, judges, clergymen, doctors, school-teachers, and music teachers, not exceeding five hundred pesos in value; 8. One fishing boat and net, not exceeding the total value of twenty-five pesos, the property of any fisherman, by the lawful use of which he earns a livelihood; 9. Lettered gravestones. But no article or species of property mentioned in this section shall be, however, exempt from execution issued upon a judgment recovered for its price or upon a judgment of foreclosure of a mortgage thereon. All property other than as hereinbefore stated is subject to attachment and execution.
Seizure of property on execution.
SEC. 453. Seizure of property on execution. — The officer must enforce the execution against the property of the judgment debtor, by levying on a sufficient amount of the property, if there be sufficient, and selling the same, and paying to the plaintiff, or his lawyer, so much of the proceeds as will satisfy the judgment. Any excess in the proceeds over the judgment and accruing costs must be returned to the judgment debtor, unless otherwise directed by the judgment or order of the court. When there is more property of the judgment debtor than is sufficient to satisfy the judgment and accruing costs, within the view of the officer, he must levy only on such part of the property as may be amply sufficient to satisfy the judgment and costs.
Advertisement of property to be sold on execution.
SEC. 454. Advertisement of property to be sold on execution. — Before the sale of property on execution, notice thereof must be given, as follows: 1. In case of perishable property, by posting written notice of the time and place of the sale in three public places of 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; 2. In case of other personal property, by posting a similar notice in three public places, in the municipality or city where the sale is to take place, for not less than five nor more than ten days; 3. In cases of real property, by posting a similar notice particularly describing the property, for twenty days, in three public places of the municipality or city where the property is situated, and also where the property is to be sold, and publishing a copy thereof once a week, for the same period, in some newspaper published or having general circulation in the province, if there be one. If there are newspapers published in the province in both the Spanish and English languages, then a like publication for a like period shall be made in one newspaper published in Spanish language, and in one published in the English language; 4. When the judgment under which the property is to be sold is made payable in a specified kind of money or currency in which bids may be made at such sale, which must be the same as that specified in the judgment.
Penalty if officer sells without notice.
SEC. 455. Penalty if officer sells without notice. — An officer selling without the notice prescribed by the last section, shall forfeit five hundred pesos to any party injured thereby, in addition to his actual damages, both to be recovered in a single property action; and a person willfully taking down or defacing the notice posted, if done before the sale or the satisfaction of the judgment (if the judgment be satisfied before sale), shall forfeit five hundred pesos to any person injured by reason thereof, to be recovered in any proper action.
Payment of judgment and costs may be made before sale.
SEC. 456. Payment of judgment and costs may be made before sale. — At any time before sale of property on execution, the judgment debtor may prevent the sale by payment of the amount required by the execution, and costs that have been incurred therein.
Sale on execution.
SEC. 457. Sale on execution. — All sales of property under execution must be made at auction, to the highest bidder, between the hours of nine in the morning and five in the afternoon. After sufficient property has been sold to satisfy the execution, no more can be sold. Neither the officer holding the execution, nor his deputy, can become a purchaser, nor be interested directly or indirectly in any purchase at such sale. When the sale is of personal property capable of manual delivery, it must be within view of those who attend the sale, and be sold in such parcels as are likely to bring the highest price; and when the sale is of real property, consisting of several known lots or parcels, they must be sold separately; or, when a portion of such real property is claimed by a third person, and he requires it to be sold separately, such portion must be thus sold. The judgment debtor, 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 of articles which can be sold to advantage separately, and the officer must follow such directions.
Purchaser at sale refusing to pay.
SEC. 458. Purchaser at sale refusing to pay. — If a purchaser refuse 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 if any loss be occasioned thereby, the court may in its discretion order the bidder to pay into court the amount of such loss, with costs, which order may be enforced by proceedings as for contempt and 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 debtor. When a purchaser refuses to pay, the officer may in his discretion, thereafter reject any subsequent bid of such person.
Liability of officer in such cases.
SEC. 459. Liability of officer in such cases. — The preceding sections must not be construed to make the officer liable for any more than the amount bid by the second or subsequent purchaser.
Adjournment of sale.
SEC. 460. Adjournment of sale. — By written consent of debtor and creditor, the officer may adjourn any sale upon execution, to any date agreed upon, in writing, by the parties. 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 sales on the day fixed in the notice.
Delivery of property to purchaser.
SEC. 461. Delivery of property to purchaser. — When the purchaser of any personal property, capable of manual delivery, pays the purchase money, the officer making the sale must deliver to the purchaser the property, and, if desired, execute and deliver to him a certificate of sale. Such sale conveys to the purchaser all the right which the debtor had in such property on the day the execution or attachment was levied.
Certificate of sale of personal property not capable of manual delivery.
SEC. 462. Certificate of sale of personal property not capable of manual delivery. — When the purchaser of any personal property, not capable of manual delivery, pays the purchase money, the officer making the sale must execute and deliver to the purchaser a certificate of sale. Such certificate conveys to the purchaser all the right which the debtor had in such property on the day that the execution or attachment was levied.
Sale of real property and certificate thereof.
SEC. 463. Sale of real property and certificate thereof. — Upon a sale of real property, the purchaser shall be substituted to, and acquire all the right, interest, title, and claim of the judgment debtor thereto, subject to the right of redemption as hereinafter provided. The officer must give to the purchaser a certificate of sale containing: 1. A particular description of the real property sold; 2. The price paid for each distinct lot or parcel; 3. The whole price by him paid; 4. The date when the right of redemption expires. When the judgment under which the sale has been made is made payable in a specified kind of money or currency, the certificate must also show the kind of money or currency in which such redemption must be made, which must be the same as that specified in the judgment. A duplicate of such certificate must be filed by the officer in the office of the registrar of land titles of the province.
Who may redeem.
SEC. 464. Who may redeem. — Property sold subject to redemption, as provided in the last section, or any part sold separately, may be redeemed in the manner hereinafter provided, by the following persons, or their successors in interest: 1. The judgment debtor, or his successor in interest in the whole or any part of the property; 2. A creditor having a lien by attachment, judgment, or mortgage on the property sold, or on some part thereof, subsequent to that on which the property was sold. Persons mentioned in the second subdivision of this section are termed redemptioners.
Time and manner of redemption.
SEC. 465. Time and manner of redemption. — The judgment debtor, or redemptioner, may redeem the property from the purchaser, at any time within twelve months after the sale, on paying the purchaser the amount of his purchase, with one percent 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 of 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. If the property be so redeemed by a redemptioner, another redemptioner may, within sixty days after the last redemption, again redeem it from the last redemptioner on paying the sum paid on such last redemption, with two percent 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 days after the last redemption, on paying the sum paid on the last previous redemption, with two per cent thereon in addition, and the amounts of any assessments or taxes the last previous redemptioner paid after the redemption thereon, with interest thereon, and the amount of any liens held by the last redemptioner previous 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 registrar of land titles of the province, and if any taxes or assessments are paid by the redemptioner, or if he has or acquires any liens other than that upon which the redemption was made, notice thereof must in like manner be given to the officer and filed with the registrar of land titles; if such notice be not filed, the property may be redeemed without paying such tax assessments or lien.
Deed to be given at expiration of redemption period.
SEC. 466. Deed to be given at expiration of redemption period. — If no redemption be made within twelve months after the sale, the purchaser, or his assignee, is entitled to a conveyance; or if so redeemed, whenever sixty days have elapsed and no other redemption has been made, notice thereof given, and the time for redemption has expired, the last redemptioner, or his assignee, is entitled to a deed from the officer, but in all cases the judgment debtor shall have the entire period of twelve months from the date of the sale to redeem the property. If the judgment debtor redeem, he must make the same payments as are required to effect a redemption by a redemptioner. If the debtor redeem, the effect of the sale is terminated and he is restored to his estate. Upon a redemption by the debtor, the person to whom the payment is made must execute and deliver to him a certificate of redemption acknowledged or approved before an officer authorized to take acknowledgments of conveyances of real property. Such certificate must be filed and recorded in the office of the registrar of land titles of the province in which the property is situated, and the registrar must note the record thereof on the margin of the record of the certificate of sale. The payments mentioned in this section and the preceding one may be made to the purchaser or redemptioner, or for him to the officer who made the sale. When the judgment under which the sale has been made is payable in a specified kind of money or currency, payment must be made in the same kind of money or currency.
Proof required of redemption.
SEC. 467. Proof required of redemption. — A redemptioner must produce to the officer, or person from whom he seeks to redeem, and serve with his notice to the officer: 1. A copy of the judgment or order under which he claims the right to redeem, certified by the clerk of the court wherein the judgment is docketed, or if he redeem upon a mortgage or other lien, a memorandum of the record thereof, certified by the registrar of land titles; 2. A copy of any assignment necessary to establish his claim, verified by the affidavit of himself, or of a subscribing witness thereto; 3. An affidavit by himself, or his agent, showing the amount then actually due on the lien.
Manner of using premises pending redemption.
SEC. 468. Manner of using premises pending redemption. — 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 creditor, with or without notice. But it is not waste for the 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 of buildings thereon; or reasonably to use wood or timber on the property therefor, or for fuel for his family, while he occupies the property.
Rents and profits pending redemption.
SEC. 469. Rents and profits pending redemption. — The purchaser, from the time of the sale until a redemption, and a redemptioner, from the time of his redemption until another redemption, is entitled to receive from the tenant in possession the rents of the property sold or the value of the use and occupation thereof. But when any rents have been received by the judgment creditor or purchaser, or his or their assignee from property thus sold preceding such redemption, the amounts of such rents and profits shall be a credit upon the redemption money to be paid; and, if the redemptioner or judgment debtor, before the expiration of the time allowed for such redemption, demands in writing of such purchaser or creditor, or his assigns, a written and verified statement of the amounts of such rents and profits thus received, the period of redemption is extended five days after such sworn statement is given by such purchaser or his assigns, to such redemptioner or debtor. If such purchaser or his assigns shall, for a period of one month from and after such demand, fail or refuse to give such statement, such redemptioner or debtor may bring an action to compel an accounting and disclosure of such rents and profits, and until fifteen days from and after the final determination of such action, the right of redemption is extended to such redemptioner or debtor.
New execution issue in case of eviction.
SEC. 470. New execution issue in case of eviction. — If the purchaser of real property sold on execution, or his successor in interest, be evicted therefrom in consequence of irregularities in the proceedings concerning the sale, or of the reversal or discharge of the judgment, he may recover this price paid, with interest, from the judgment creditor. If the purchaser of property of such official sale, or his successor in interest, fail to recover possession in consequence of irregularity in the proceedings concerning the sale, or because the property sold was not subject to execution and sale, the court having jurisdiction thereof shall, after notice and on motion of such party in interest, or his attorney, revive the original judgment in the name of the petitioner, for the amount paid by such purchaser at the sale, with interest thereon from the time of payment at the same rate that the original judgment bore; and the judgment so revived shall have the same force and effect as would an original judgment of the date of the revival and no more.
Right to contribution or reimbursement.
SEC. 471. Right to contribution or reimbursement. — When property liable to an execution against several persons is sold thereon, and more than the 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 against several, and 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.
Who may execute the officer's deed.
SEC. 472. Who may execute the officer's deed. — In case of the death of the officer making the sale, before the expiration of the period of redemption, the deed may be executed by his successor in office. In case the officer's term of office expires before the termination of the period of redemption, he may execute the deed at the expiration of such period notwithstanding he has ceased to remain in office, and such deed shall have the same validity as though he had continued in the office.
Form of officer's deed.
SEC. 473. Form of officer's deed. — The deed executed by the officer, of lands sold on execution, shall be substantially in the following form, varied to suit the circumstances, if the party entitled to the deed be an assignee of the purchaser, or a redemptioner, or his assignee: "KNOW ALL MEN BY THESE PRESENTS: "That whereas an execution against _________________, of _________, in the province of ________________, in the action of _______________, of ________________, in the province of ______________, was by me, governor (or his deputy, as the case may be) of the province of ________________ on the _____________ day of ________________, A.D. 190 ________, levied on (here describe the premises), and "Whereas on the _________ day of ______________, A.D. 190 ______, all the estate, right, title, interest, and property of the said _______________ defendant, in the premises aforesaid were by me, the said (herein insert the name of the officer), sold at public auction, for the satisfaction of said execution to __________, of _______, of the province of ____________, who was the highest bidder, for the sum of ____________ dollars, which the said _____________ has since fully paid to me. "Now, by force and virtue of law in such cases made and provided, I, the said _______________ (the officer), in consideration of the sum of money paid unto me as aforesaid, do, by these presents, sell and assign and set over unto the said _____________ (purchaser), his heirs and assigns, forever, all the estate, right, title, interest, property, and inheritance of the said ____________ (defendant) in and to the said premises and appurtenances, at the time of the levy thereon (or of the attachment, as the case may be). "To have and to hold the said premises and appurtenances to the said _____________ (purchaser), his heirs and assigns forever. "In witness whereof, I hereunto set my hand and seal, on this ___________ day of _______, 190 " The deed shall be acknowledged with such formalities as are required by law for the conveyance of real estate.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).