Issuance, form, and requisites of execution.
Section 444
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.