Proceedings where property is claimed by third persons (Sec. 16) c.
c. Makes an affidavit of his title thereto or right to the possession
thereof stating the grounds of such right or title; and 1. If the property levied on is claimed by any person other than the d. Serves the same upon the officer making the levy and the judgment obligor or his agent, and such person makes an affidavit judgment obligee. 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 Effect of judgment or final orders (Sec. 47) 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 1. In case of a judgment or final order against a specific thing, or in as to such value, the same shall be determined by the court respect to the probate of a will, or the administration of the estate issuing the writ of execution. No claim for damages for the taking of a deceased person, or in respect to the personal, political, or or keeping of the property may be enforced against the bond legal condition or status of a particular person or his relationship to unless the action therefor is filed within one hundred twenty (120) another, the judgment or final order is conclusive upon the title to days from the date of the filing of the bond. 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 The officer shall not be liable for damages for the taking or keeping of the evidence of the truth of the testator or intestate; property, to any third-party claimant if such bond is filed. Nothing herein 2. In other cases, the judgment or final order is, with respect to the contained shall prevent such claimant or any third person from vindicating matter directly adjudged or as to any other matter that could have his claim to the property in a separate action, or prevent the judgment been raised in relation thereto, conclusive between the parties and obligee from claiming damages in the same or a separate action against a their successors in interest by title subsequent to the third-party claimant who filed a frivolous or plainly spurious claim. commencement of the action or special proceeding, litigating for the same thing and under the same title and in the same capacity; When the writ of execution is issued in favor of the Republic of the and Philippines, or any officer duly representing it, the filing of such bond shall 3. In any other litigation between the same parties or their not be required, and in case the sheriff or levying officer is sued for successors in interest, that only is deemed to have been adjudged damages as a result of the levy, he shall be represented by the Solicitor in a former judgment or final order which appears upon its face to General and if held liable therefor, the actual damages adjudged by the have been so adjudged, or which was actually and necessarily court shall be paid by the National Treasurer out of such funds as may be included therein or necessary thereto. appropriated for the purpose.
2. Requisites for a claim by a third person:
a. The property is levied;
b. The claimant is a person other than the judgment obligor or his agent;