RULE 31 Consolidation or Severance Section 1. Consolidation. When actions involving a common question of law or fact are ending !

!efore the court" it ma# order a $oint hearing or trial of an# or all the matters in issue in the actions% it ma# order all the actions consolidated" and it ma# ma&e such orders concerning roceedings therein as ma# tend to avoid unnecessar# costs or dela#. '1( Section ). Se arate trials. *he court" in furtherance of convenience or to avoid re$udice" ma# order a se arate trial of an# claim" cross+claim" counterclaim" or third+ art# com laint" or of an# se arate issue or of an# num!er of claims" cross+claims" counterclaims" third+ art# com laints or issues. ')a(

RULE 3) *rial !# Commissioner Section 1. Reference !# consent. ,# written consent of !oth arties" the court ma# order an# or all of the issues in a case to !e referred to a commissioner to !e agreed u on !# the arties or to !e a ointed !# the court. -s used in these Rules" the word .commissioner. includes a referee" an auditor and an e/aminer. '1a" R33( Section ). Reference ordered on motion. When the arties do not consent" the court ma#" u on the a lication of either or of its own motion" direct a reference to a commissioner in the following cases0 'a( When the trial of an issue of fact requires the e/amination of a long account on either side" in which case the commissioner ma# !e directed to hear and re ort u on the whole issue or an# s ecific question involved therein% '!( When the ta&ing of an account is necessar# for the information of the court !efore $udgment" or for carr#ing a $udgment or order into effect. 'c( When a question of fact" other than u on the leadings" arises u on motion or otherwise" in an# stage of a case" or for carr#ing a $udgment or order into effect. ')a" R33( Section 3. 1rder of reference% owers of the commissioner. When a reference is made" the cler& shall forthwith furnish the commissioner with a co # of the order of reference. *he order ma# s ecif# or limit the owers of the commissioner" and ma# direct him to re ort onl# u on articular issues" or to do

or erform articular acts" or to receive and re ort evidence onl# and ma# fi/ the date for !eginning and closing the hearings and for the filing of his re ort. Su!$ect to other s ecifications and limitations stated in the order" the commissioner has and shall e/ercise the ower to regulate the roceedings in ever# hearing !efore him and to do all acts and ta&e all measures necessar# or ro er for the efficient erformance of his duties under the order. 2e ma# issue su! oenas and su! oenas duces tecum" swear witnesses" and unless otherwise rovided in the order of reference" he ma# rule u on the admissi!ilit# of evidence. *he trial or hearing !efore him shall roceed in all res ects as it would if held !efore the court. '3a" R33( Section 3. 1ath of commissioner. ,efore entering u on his duties the commissioner shall !e sworn to a faithful and honest erformance thereof. '13" R33( Section 4. 5roceedings !efore commissioner. U on recei t of the order of reference and unless otherwise rovided therein" the commissioner shall forthwith set a time and lace for the first meeting of the arties or their counsel to !e held within ten '16( da#s after the date of the order of reference and shall notif# the arties or their counsel. '4a" R33( Section 7. 8ailure of arties to a ear !efore commissioner. 9f a art# fails to a ear at the time and lace a ointed" the commissioner ma# roceed e/ arte or" in his discretion" ad$ourn the roceedings to a future da#" giving notice to the a!sent art# or his counsel of the ad$ournment. '7a" R33( Section :. Refusal of witness. *he refusal of a witness to o!e# a su! oena issued !# the commissioner or to give evidence !efore him" shall !e deemed a contem t of the court which a ointed the commissioner. ':a R33( Section ;. Commissioner shall avoid dela#s. 9t is the dut# of the commissioner to roceed with all reasona!le diligence. Either art#" on notice to the arties and commissioner" ma# a l# to the court for an order requiring the commissioner to e/ edite the roceedings and to ma&e his re ort. ';a" R33( Section <. Re ort of commissioner. U on the com letion of the trial or hearing or roceeding !efore the commissioner" he shall file with the court his re ort in writing u on the matters su!mitted to him !# the order of reference. When his owers are not s ecified or limited" he shall set forth his findings of fact and conclusions of law in his re ort. 2e shall attach thereto all e/hi!its" affidavits" de ositions" a ers and the transcri t" if an#" of the testimonial evidence resented !efore him. '<a" R33( Section 16. =otice to arties of the filing of re ort. U on the filing of the re ort" the arties shall !e notified !# the cler&" and the# shall !e allowed ten '16( da#s within which to signif# grounds of o!$ections to the findings of the re ort" if

the# so desire. 1!$ections to the re ort !ased u on grounds which were availa!le to the arties during the roceedings !efore the commissioner" other than o!$ections to the findings and conclusions therein" set forth" shall not !e considered !# the court unless the# were made !efore the commissioner. '16" R33( Section 11. 2earing u on re ort. U on the e/ iration of the eriod of ten '16( da#s referred to in the receding section" the re ort shall !e set for hearing" after which the court shall issue an order ado ting" modif#ing" or re$ecting the re ort in whole or in art" or recommitting it with instructions" or requiring the arties to resent further evidence !efore the commissioner or the court. '11a" R33( Section 1). Sti ulations as to findings. When the arties sti ulate that a commissioner>s findings of fact shall !e final" onl# questions of law shall thereafter !e considered. '1)a" R33( Section 13. Com ensation of commissioner. *he court shall allow the commissioner such reasona!le com ensation as the circumstances of the case warrant" to !e ta/ed as costs against the defeated art#" or a ortioned" as $ustice requires. '13" R33(

RULE 33 ?emurrer to Evidence Section 1. ?emurrer to evidence. -fter the laintiff has com leted the resentation of his evidence" the defendant ma# move for dismissal on the ground that u on the facts and the law the laintiff has shown no right to relief. 9f his motion is denied he shall have the right to resent evidence. 9f the motion is granted !ut on a eal the order of dismissal is reversed he shall !e deemed to have waived the right to resent evidence. '1a" R34(

RULE 33 @udgment on the 5leadings Section 1. @udgment on the leadings. Where an answer fails to tender an issue" or otherwise admits the material allegations of the adverse art#>s leading" the court ma#% on motion of that art#" direct $udgment on such leading. 2owever" in actions for declaration of nullit# or annulment of marriage or for legal se aration" the material facts alleged in the com laint shall alwa#s !e

roved. '1a" R1<(

RULE 34 Summar# @udgments Section 1. Summar# $udgment for claimant. - art# see&ing to recover u on a claim" counterclaim" or cross+claim or to o!tain a declarator# relief ma#" at an# time after the leading in answer thereto has !een served" move with su orting affidavits" de ositions or admissions for a summar# $udgment in his favor u on all or an# art thereof. '1a" R33( Section ). Summar# $udgment for defending art#. - art# against whom a claim" counterclaim" or cross+claim is asserted or a declarator# relief is sought ma#" at an# time" move with su orting affidavits" de ositions or admissions for a summar# $udgment in his favor as to all or an# art thereof. ')a" R33( Section 3. Aotion and roceedings thereon. *he motion shall !e served at least ten '16( da#s !efore the time s ecified for the hearing. *he adverse art# ma# serve o osing affidavits" de ositions" or admissions at least three '3( da#s !efore the hearing. -fter the hearing" the $udgment sought shall !e rendered forthwith if the leadings" su orting affidavits" de ositions" and admissions on file" show that" e/ce t as to the amount of damages" there is no genuine issue as to an# material fact and that the moving art# is entitled to a $udgment as a matter of law. '3a" R33( Section 3. Case not full# ad$udicated on motion. 9f on motion under this Rule" $udgment is not rendered u on the whole case or for all the reliefs sought and a trial is necessar#" the court at the hearing of the motion" !# e/amining the leadings and the evidence !efore it and !# interrogating counsel shall ascertain what material facts e/ist without su!stantial controvers# and what are actuall# and in good faith controverted. 9t shall thereu on ma&e an order s ecif#ing the facts that a ear without su!stantial controvers#" including the e/tent to which the amount of damages or other relief is not in controvers#" and directing such further roceedings in the action as are $ust. *he facts so s ecified shall !e deemed esta!lished" and the trial shall !e conducted on the controverted facts accordingl#. '3a" R33( Section 4. 8orm of affidavits and su orting a ers. Su orting and o osing affidavits shall !e made on ersonal &nowledge" shall set forth such facts as would !e admissi!le in evidence" and shall show affirmativel# that the affiant is com etent to testif# to the matters stated therein. Certified true co ies of all a ers or arts thereof referred to in the affidavit shall !e attached thereto or served therewith. '4a" R33(

Section 7. -ffidavits in !ad faith. Should it a ear to its satisfaction at an# time that an# of the affidavits resented ursuant to this Rule are resented in !ad faith" or solel# for the ur ose of dela#" the court shall forthwith order the offending art# or counsel to a# to the other art# the amount of the reasona!le e/ enses which the filing of the affidavits caused him to incur including attorne#>s fees" it ma#" after hearing further ad$udge the offending art# or counsel guilt# of contem t. '7a" R33(

RULE 37 @udgments" 8inal 1rders and Entr# *hereof Section 1. Rendition of $udgments and final orders. - $udgment or final order determining the merits of the case shall !e in writing ersonall# and directl# re ared !# the $udge" stating clearl# and distinctl# the facts and the law on which it is !ased" signed !# him" and filed with the cler& of the court. '1a( Section ). Entr# of $udgments and final orders. 9f no a eal or motion for new trial or reconsideration is filed within the time rovided in these Rules" the $udgment or final order shall forthwith !e entered !# the cler& in the !oo& of entries of $udgments. *he date of finalit# of the $udgment or final order shall !e deemed to !e the date of its entr#. *he record shall contain the dis ositive art of the $udgment or final order and shall !e signed !# the cler&" within a certificate that such $udgment or final order has !ecome final and e/ecutor#. ')a" 16" R41( Section 3. @udgment for or against one or more of several arties. @udgment ma# !e given for or against one or more of several laintiffs and for or against one or more of several defendants. When $ustice so demands" the court ma# require the arties on each side to file adversar# leadings as !etween themselves and determine their ultimate rights and o!ligations. '3( Section 3. Several $udgments. 9n an action against several defendants" the court ma#" when a several $udgment is ro er" render $udgment against one or more of them" leaving the action to roceed against the others. '3( Section 4. Se arate $udgments. When more than one claim for relief is resented in an action" the court" at an# stage" u on a determination of the issues material to a articular claim and all counterclaims arising out of the transaction or occurrence which is the su!$ect matter of the claim" ma# render a se arate $udgment dis osing of such claim. *he $udgment shall terminate the action with res ect to the claim so dis osed of and the action shall roceed as to the remaining claims. 9n case a se arate $udgment is rendered the court !# order ma# sta# its enforcement until the rendition of a su!sequent $udgment or

$udgments and ma# rescri!e such conditions as ma# !e necessar# to secure the !enefit thereof to the art# in whose favor the $udgment is rendered. '4a( Section 7. @udgment against entit# without $uridical ersonalit#. When $udgment is rendered against two or more ersons sued as an entit# without $uridical ersonalit#" the $udgment shall set out their individual or ro er names" if &nown. '7a(

RULE 3: =ew *rial or Reconsiderations Section 1. Brounds of and eriod for filing motion for new trial or reconsideration. Within the eriod for ta&ing an a eal" the aggrieved art# ma# move the trial court to set aside the $udgment or final order and grant a new trial for one or more of the following causes materiall# affecting the su!stantial rights of said art#0 'a( 8raud" accident" mista&e or e/cusa!le negligence which ordinar# rudence could not have guarded against and !# reason of which such aggrieved art# has ro!a!l# !een im aired in his rights% or '!( =ewl# discovered evidence" which he could not" with reasona!le diligence" have discovered and roduced at the trial" and which if resented would ro!a!l# alter the result. Within the same eriod" the aggrieved art# ma# also move for reconsideration u on the grounds that the damages awarded are e/cessive" that the evidence is insufficient to $ustif# the decision or final order" or that the decision or final order is contrar# to law. '1a( Section ). Contents of motion for new trial or reconsideration and notice thereof. *he motion shall !e made in writing stating the ground or grounds therefor" a written notice of which shall !e served !# the movant on the adverse art#. - motion for new trial shall !e roved in the manner rovided for roof of motion. - motion for the cause mentioned in aragra h 'a( of the receding section shall !e su orted !# affidavits of merits which ma# !e re!utted !# affidavits. - motion for the cause mentioned in aragra h '!( shall !e su orted !# affidavits of the witnesses !# whom such evidence is e/ ected to !e given" or !# dul# authenticated documents which are ro osed to !e introduced in evidence. - motion for reconsideration shall oint out a s ecificall# the findings or

conclusions of the $udgment or final order which are not su orted !# the evidence or which are contrar# to law ma&ing e/ ress reference to the testimonial or documentar# evidence or to the rovisions of law alleged to !e contrar# to such findings or conclusions. - ro forma motion for new trial or reconsideration shall not toll the reglementar# eriod of a eal. ')a( Section 3. -ction u on motion for new trial or reconsideration. *he trial court ma# set aside the $udgment or final order and grant a new trial" u on such terms as ma# !e $ust" or ma# den# the motion. 9f the court finds that e/cessive damages have !een awarded or that the $udgment or final order is contrar# to the evidence or law" it ma# amend such $udgment or final order accordingl#. '3a( Section 3. Resolution of motion. - motion for new trial or reconsideration shall !e resolved within thirt# '36( da#s from the time it is su!mitted for resolution. 'n( Section 4. Second motion for new trial. - motion for new trial shall include all grounds then availa!le and those not so included shall !e deemed waived. second motion for new trial" !ased on a ground not e/isting nor availa!le when the first motion was made" ma# !e filed within the time herein rovided e/cluding the time during which the first motion had !een ending. =o art# shall !e allowed a second motion for reconsideration of a $udgment or final order '3a" 3" 9RB( Section 7. Effect of granting of motion for new trial. 9f a new trial is granted in accordance with the rovisions of this Rules the original $udgment or final order shall !e vacated" and the action shall stand for trial de novo% !ut the recorded evidence ta&en u on the former trial" insofar as the same is material and com etent to esta!lish the issues" shall !e used at the new trial without reta&ing the same. '4a( Section :. 5artial new trial or reconsideration. 9f the grounds for a motion under this Rule a ear to the court to affect the issues as to onl# a art" or less than an of the matter in controvers#" or onl# one" or less than all" of the arties to it" the court ma# order a new trial or grant reconsideration as to such issues if severa!le without interfering with the $udgment or final order u on the rest. '7a( Section ;. Effect of order for artial new trial. When less than all of the issues are ordered retried" the court ma# either enter a $udgment or final order as to the rest" or sta# the enforcement of such $udgment or final order until after the new trial. ':a( Section <. Remed# against order den#ing a motion for new trial or

reconsideration. -n order den#ing a motion for new trial or reconsideration is not a ealed" the remed# !eing an a eal from the $udgment or final order. 'n(

RULE 3; Relief from @udgments" 1rders" or 1ther 5roceedings Section 1. 5etition for relief from $udgment" order" or other roceedings. When a $udgment or final order is entered" or an# other roceeding is thereafter ta&en against a art# in an# court through fraud" accident" mista&e" or e/cusa!le negligence" he ma# file a etition in such court and in the same case ra#ing that the $udgment" order or roceeding !e set aside. ')a( Section ). 5etition for relief from denial of a eal. When a $udgment or final order is rendered !# an# court in a case" and a art# thereto" !# fraud" accident" mista&e" or e/cusa!le negligence" has !een revented from ta&ing an a eal" he ma# file a etition in such court and in the same case ra#ing that the a eal !e given due course. '1a( Section 3. *ime for filing etition% contents and verification. - etition rovided for in either of the receding sections of this Rule must !e verified" filed within si/t# '76( da#s after the etitioner learns of the $udgment" final order" or other roceeding to !e set aside" and not more than si/ '7( months after such $udgment or final order was entered" or such roceeding was ta&en" and must !e accom anied with affidavits showing the fraud" accident" mista&e" or e/cusa!le negligence relied u on" and the facts constituting the etitioner>s good and su!stantial cause of action or defense" as the case ma# !e. '3( Section 3. 1rder to file an answer. 9f the etition is sufficient in form and su!stance to $ustif# relief" the court in which it is filed" shall issue an order requiring the adverse arties to answer the same within fifteen '14( da#s from the recei t thereof. *he order shall !e served in such manner as the court ma# direct" together with co ies of the etition and the accom an#ing affidavits. '3a( Section 4. 5reliminar# in$unction ending roceedings. *he court in which the etition is filed ma# grant such reliminar# in$unction as ma# !e necessar# for the reservation of the rights of the arties" u on the filing !# the etitioner of a !ond in favor of the adverse art#" conditioned that if the etition is dismissed or the etitioner fails on the trial of the case u on its merits" he will a# the adverse art# all damages and costs that ma# !e awarded to him !# reason of the issuance of such in$unction or the other roceedings following the etition" !ut such in$unction shall not o erate to discharge or e/tinguish an# lien which the adverse art# ma# have acquired u on" the ro ert#" of the etitioner. '4a(

Section 7. 5roceedings after answer is filed. -fter the filing of the answer or the e/ iration of the eriod therefor" the court shall hear the etition and if after such hearing" it finds that the allegations thereof are not true" the etition shall !e dismissed% !ut if it finds said allegations to !e true" it shall set aside the $udgment or final order or other roceeding com lained of u on such terms as ma# !e $ust. *hereafter the case shall stand as if such $udgment" final order or other roceeding had never !een rendered" issued or ta&en. *he court shall then roceed to hear and determine the case as if a timel# motion for a new trial or reconsideration had !een granted !# it. '7a( Section :. 5rocedure where the denial of an a eal is set aside. Where the denial of an a eal is set aside" the lower court shall !e required to give due course to the a eal and to elevate the record of the a ealed case as if a timel# and ro er a eal had !een made. ':a(

RULE 3< E/ecution" Satisfaction and Effect of @udgments Section 1. E/ecution u on $udgments or final orders. E/ecution shall issue as a matter of right" or motion" u on a $udgment or order that dis oses of the action or roceeding u on the e/ iration of the eriod to a eal therefrom if no a eal has !een dul# erfected. '1a( 9f the a eal has !een dul# erfected and finall# resolved" the e/ecution ma# forthwith !e a lied for in the court of origin" on motion of the $udgment o!ligee" su!mitting therewith certified true co ies of the $udgment or $udgments or final order or orders sought to !e enforced and of the entr# thereof" with notice to the adverse art#. *he a ellate court ma#" on motion in the same case" when the interest of $ustice so requires" direct the court of origin to issue the writ of e/ecution. 'n( Section ). ?iscretionar# e/ecution.

'a( E/ecution of a $udgment or final order ending a eal. 1n motion of the revailing art# with notice to the adverse art# filed in the trial court while it has $urisdiction over the case and is in ossession of either the original record or the record on a eal" as the case ma# !e" at the time of the filing of such motion" said court ma#" in its discretion" order e/ecution of a $udgment or final order even !efore the e/ iration of the eriod to a eal. -fter the trial court has lost $urisdiction the motion for e/ecution ending a ma# !e filed in the a ellate court. eal

?iscretionar# e/ecution ma# onl# issue u on good reasons to !e stated in a s ecial order after due hearing. '!( E/ecution of several" se arate or artial $udgments. - several" se arate or artial $udgment ma# !e e/ecuted under the same terms and conditions as e/ecution of a $udgment or final order ending a eal. ')a( Section 3. Sta# of discretionar# e/ecution. ?iscretionar# e/ecution issued under the receding section ma# !e sta#ed u on a roval !# the ro er court of a sufficient su ersedeas !ond filed !# the art# against whom it is directed" conditioned u on the erformance of the $udgment or order allowed to !e e/ecuted in case it shall !e finall# sustained in whole or in art. *he !ond thus given ma# !e roceeded against on motion with notice to the suret#. '3a ( Section 3. @udgments not sta#ed !# a eal. @udgments in actions for in$unction" receivershi " accounting and su ort" and such other $udgments as are now or ma# hereafter !e declared to !e immediatel# e/ecutor#" shall !e enforcea!le after their rendition and shall not" !e sta#ed !# an a eal ta&en therefrom" unless otherwise ordered !# the trial court. 1n a eal therefrom" the a ellate court in its discretion ma# ma&e an order sus ending" modif#ing" restoring or granting the in$unction" receivershi " accounting" or award of su ort. *he sta# of e/ecution shall !e u on such terms as to !ond or otherwise as ma# !e considered ro er for the securit# or rotection of the rights of the adverse art#. '3a( Section 4. Effect of reversal of e/ecuted $udgment. Where the e/ecuted $udgment is reversed totall# or artiall#" or annulled" on a eal or otherwise" the trial court ma#" on motion" issue such orders of restitution or re aration of damages as equit# and $ustice ma# warrant under the circumstances. '4a( Section 7. E/ecution !# motion or !# inde endent action. - final and e/ecutor# $udgment or order ma# !e e/ecuted on motion within five '4( #ears from the date of its entr#. -fter the la se of such time" and !efore it is !arred !# the statute of limitations" a $udgment ma# !e enforced !# action. *he revived $udgment ma# also !e enforced !# motion within five '4( #ears from the date of its entr# and thereafter !# action !efore it is !arred !# the statute of limitations. '7a( Section :. E/ecution in case of death of art#. 9n case of the death of a art#" e/ecution ma# issue or !e enforced in the following manner0 'a( 9n case of the death of the $udgment o!ligee" u on the a e/ecutor or administrator" or successor in interest% lication of his

'!( 9n case of the death of the $udgment o!ligor" against his e/ecutor or administrator or successor in interest" if the $udgment !e for the recover# of real or ersonal ro ert#" or the enforcement of a lien thereon% 'c( 9n case of the death of the $udgment o!ligor" after e/ecution is actuall# levied u on an# of his ro ert#" the same ma# !e sold for the satisfaction of the $udgment o!ligation" and the officer ma&ing the sale shall account to the corres onding e/ecutor or administrator for an# sur lus in his hands. ':a( Section ;. 9ssuance" form and contents of a writ of e/ecution. *he writ of e/ecution shall0 '1( issue in the name of the Re u!lic of the 5hili ines from the court which granted the motion% ')( state the name of the court" the case num!er and title" the dis ositive art of the su!$ect $udgment or order% and '3( require the sheriff or other ro er officer to whom it is directed to enforce the writ according to its terms" in the manner hereinafter rovided0 'a( 9f the e/ecution !e against the ro ert# of the $udgment o!ligor" to satisf# the $udgment" with interest" out of the real or ersonal ro ert# of such $udgment o!ligor% '!( 9f it !e against real or ersonal ro ert# in the hands of ersonal re resentatives" heirs" devisees" legatees" tenants" or trustees of the $udgment o!ligor" to satisf# the $udgment" with interest" out of such ro ert#% 'c( 9f it !e for the sale of real or ersonal ro ert# to sell such ro ert# descri!ing it" and a l# the roceeds in conformit# with the $udgment" the material arts of which shall !e recited in the writ of e/ecution% 'd( 9f it !e for the deliver# of the ossession of real or ersonal ro ert#" to deliver the ossession of the same" descri!ing it" to the art# entitled thereto" and to satisf# an# costs" damages" rents" or rofits covered !# the $udgment out of the ersonal ro ert# of the erson against whom it was rendered" and if sufficient ersonal ro ert# cannot !e found" then out of the real ro ert#% and 'e( 9n all cases" the writ of e/ecution shall s ecificall# state the amount of the interest" costs" damages" rents" or rofits due as of the date of the issuance of the writ" aside from the rinci al o!ligation under the $udgment. 8or this ur ose" the motion for e/ecution shall s ecif# the amounts of the foregoing reliefs sought !# the movant.';a( Section <. E/ecution of $udgments for mone#" how enforced.

'a( 9mmediate a#ment on demand. *he officer shall enforce an e/ecution of a $udgment for mone# !# demanding from the $udgment o!ligor the immediate a#ment of the full amount stated in the writ of e/ecution and all lawful fees. *he $udgment o!ligor shall a# in cash" certified !an& chec& a#a!le to the $udgment

o!ligee" or an# other form of a#ment acce ta!le to the latter" the amount of the $udgment de!t under ro er recei t directl# to the $udgment o!ligee or his authoriCed re resentative if resent at the time of a#ment. *he lawful fees shall !e handed under ro er recei t to the e/ecuting sheriff who shall turn over the said amount within the same da# to the cler& of court of the court that issued the writ. 9f the $udgment o!ligee or his authoriCed re resentative is not resent to receive a#ment" the $udgment o!ligor shall deliver the aforesaid a#ment to the e/ecuting sheriff. *he latter shall turn over all the amounts coming into his ossession within the same da# to the cler& of court of the court that issued the writ" or if the same is not ractica!le" de osit said amounts to a fiduciar# account in the nearest government de ositor# !an& of the Regional *rial Court of the localit#. *he cler& of said court shall thereafter arrange for the remittance of the de osit to the account of the court that issued the writ whose cler& of court shall then deliver said a#ment to the $udgment o!ligee in satisfaction of the $udgment. *he e/cess" if an#" shall !e delivered to the $udgment o!ligor while the lawful fees shall !e retained !# the cler& of court for dis osition as rovided !# law. 9n no case shall the e/ecuting sheriff demand that an# a#ment !# chec& !e made a#a!le to him. '!( Satisfaction !# lev#. 9f the $udgment o!ligor cannot a# all or art of the o!ligation in cash" certified !an& chec& or other mode of a#ment acce ta!le to the $udgment o!ligee" the officer shall lev# u on the ro erties of the $udgment o!ligor of ever# &ind and nature whatsoever which ma# !e dis osed" of for value and not otherwise e/em t from e/ecution giving the latter the o tion to immediatel# choose which ro ert# or art thereof ma# !e levied u on" sufficient to satisf# the $udgment. 9f the $udgment o!ligor does not e/ercise the o tion" the officer shall first lev# on the ersonal ro erties" if an#" and then on the real ro erties if the ersonal ro erties are insufficient to answer for the $udgment. *he sheriff shall sell onl# a sufficient ortion of the ersonal or real ro ert# of the $udgment o!ligor which has !een levied u on. When there is more ro ert# of the $udgment o!ligor than is sufficient to satisf# the $udgment and lawful fees" he must sell onl# so much of the ersonal or real ro ert# as is sufficient to satisf# the $udgment and lawful fees. Real ro ert#" stoc&s" shares" de!ts" credits" and other ersonal ro ert#" or an# interest in either real or ersonal ro ert#" ma# !e levied u on in li&e manner and with li&e effect as under a writ of attachment. 'c( Barnishment of de!ts and credits. *he officer ma# lev# on de!ts due the $udgment o!ligor and other credits" including !an& de osits" financial

interests" ro#alties" commissions and other ersonal ro ert# not ca a!le of manual deliver# in the ossession or control of third arties. Lev# shall !e made !# serving notice u on the erson owing such de!ts or having in his ossession or control such credits to which the $udgment o!ligor is entitled. *he garnishment shall cover onl# such amount as will satisf# the $udgment and all lawful fees. *he garnishee shall ma&e a written re ort to the court within five '4( da#s from service of the notice of garnishment stating whether or not the $udgment o!ligor has sufficient funds or credits to satisf# the amount of the $udgment. 9f not" the re ort shall state how much funds or credits the garnishee holds for the $udgment o!ligor. *he garnished amount in cash" or certified !an& chec& issued in the name of the $udgment o!ligee" shall !e delivered directl# to the $udgment o!ligee within ten '16( wor&ing da#s from service of notice on said garnishee requiring such deliver#" e/ce t the lawful fees which shall !e aid directl# to the court. 9n the event there are two or more garnishees holding de osits or credits sufficient to satisf# the $udgment" the $udgment o!ligor" if availa!le" shall have the right to indicate the garnishee or garnishees who shall !e required to deliver the amount due" otherwise" the choice shall !e made !# the $udgment o!ligee. *he e/ecuting sheriff shall o!serve the same rocedure under aragra h 'a( with res ect to deliver# of a#ment to the $udgment o!ligee. ';a" 14a( Section 16. E/ecution of $udgments for s ecific act.

'a( Conve#ance" deliver# of deeds" or other s ecific acts% vesting title. 9f a $udgment directs a art# to e/ecute a conve#ance of land or ersonal ro ert#" or to deliver deeds or other documents" or to erform" an# other s ecific act in connection therewith" and the art# fails to com l# within the time s ecified" the court ma# direct the act to !e done at the cost of the diso!edient art# !# some other erson a ointed !# the court and the act when so done shall have li&e effect as if done !# the art#. 9f real or ersonal ro ert# is situated within the 5hili ines" the court in lieu of directing a conve#ance thereof ma# !# an order divest the title of an# art# and vest it in others" which shall have the force and effect of a conve#ance e/ecuted in due form of law. '16a( '!( Sale of real or ersonal ro ert#. 9f the $udgment !e for the sale of real or ersonal ro ert#" to sell such ro ert#" descri!ing it" and a l# the roceeds in conformit# with the $udgment. ';DcEa( 'c( ?eliver# or restitution of real ro ert#. *he officer shall demand of the erson against whom the $udgment for the deliver# or restitution of real ro ert# is rendered and all ersons claiming rights under him to eacea!l# vacate the ro ert# within three '3( wor&ing da#s" and restore ossession thereof to the $udgment o!ligee" otherwise" the officer shall oust all such ersons therefrom with the assistance" if necessar#" of a ro riate eace officers" and em lo#ing

such means as ma# !e reasona!l# necessar# to reta&e ossession" and lace the $udgment o!ligee in ossession of such ro ert#. -n# costs" damages" rents or rofits awarded !# the $udgment shall !e satisfied in the same manner as a $udgment for mone#. '13a( 'd( Removal of im rovements on ro ert# su!$ect of e/ecution. When the ro ert# su!$ect of the e/ecution contains im rovements constructed or lanted !# the $udgment o!ligor or his agent" the officer shall not destro#" demolish or remove said im rovements e/ce t u on s ecial order of the court" issued u on motion of the $udgment o!ligee after the hearing and after the former has failed to remove the same within a reasona!le time fi/ed !# the court. '13a( 'e( ?eliver# of ersonal ro ert#. 9n $udgment for the deliver# of ersonal ro ert#" the officer shall ta&e ossession of the same and forthwith deliver it to the art# entitled thereto and satisf# an# $udgment for mone# as therein rovided. ';a( Section 11. E/ecution of s ecial $udgments. When a $udgment requires the erformance of an# act other than those mentioned in the two receding sections" a certified co # of the $udgment shall !e attached to the writ of e/ecution and shall !e served !# the officer u on the art# against whom the same is rendered" or u on an# other erson required there!#" or !# law" to o!e# the same" and such art# or erson ma# !e unished for contem t if he diso!e#s such $udgment. '<a( Section 1). Effect of lev# on e/ecution as to third erson. *he lev# on e/ecution shall create a lien in favor of the $udgment o!ligee over the right" title and interest of the $udgment o!ligor in such ro ert# at the time of the lev#" su!$ect to liens and encum!rances then e/isting. '17a( Section 13. 5ro ert# e/em t from e/ecution. E/ce t as otherwise e/ ressl# rovided !# law" the following ro ert#" and no other" shall !e e/em t from e/ecution0 'a( *he $udgment o!ligor>s famil# home as rovided !# law" or the homestead in which he resides" and land necessaril# used in connection therewith% '!( 1rdinar# tools and im lements ersonall# used !# him in his trade" em lo#ment" or livelihood% 'c( *hree horses" or three cows" or three cara!aos" or other !easts of !urden" such as the $udgment o!ligor ma# select necessaril# used !# him in his ordinar# occu ation% 'd( 2is necessar# clothing and articles for ordinar# ersonal use" e/cluding $ewelr#%

'e( 2ousehold furniture and utensils necessar# for house&ee ing" and used for that ur ose !# the $udgment o!ligor and his famil#" such as the $udgment o!ligor ma# select" of a value not e/ceeding one hundred thousand esos% 'f( 5rovisions for individual or famil# use sufficient for four months%

'g( *he rofessional li!raries and equi ment of $udges" law#ers" h#sicians" harmacists" dentists" engineers" surve#ors" clerg#men" teachers" and other rofessionals" not e/ceeding three hundred thousand esos in value% 'h( 1ne fishing !oat and accessories not e/ceeding the total value of one hundred thousand esos owned !# a fisherman and !# the lawful use of which he earns his livelihood% 'i( So much of the salaries" wages" or earnings of the $udgment o!ligor for his ersonal services within the four months receding the lev# as are necessar# for the su ort of his famil#% '$( Lettered gravestones%

'&( Aonies" !enefits" rivileges" or annuities accruing or in an# manner growing out of an# life insurance% 'l( su 'm( *he right to receive legal su ort" or mone# or ro ert# o!tained as such ort" or an# ension or gratuit# from the Bovernment% 5ro erties s eciall# e/em ted !# law.

,ut no article or s ecies of ro ert# mentioned in this section shall !e e/em t from e/ecution issued u on a $udgment recovered for its rice or u on a $udgment of foreclosure of a mortgage thereon. '1)a( Section 13. Return of writ of e/ecution. *he writ of e/ecution shall !e returna!le to the court issuing it immediatel# after the $udgment has !een satisfied in art or in full. 9f the $udgment cannot !e satisfied in full within thirt# '36( da#s after his recei t of the writ" the officer shall re ort to the court and state the reason therefor. Such writ shall continue in effect during the eriod within which the $udgment ma# !e enforced !# motion. *he officer shall ma&e a re ort to the court ever# thirt# '36( da#s on the roceedings ta&en thereon until the $udgment is satisfied in full" or its effectivit# e/ ires. *he returns or eriodic re orts shall set forth the whole of the roceedings ta&en" and shall !e filed with the court and co ies thereof rom tl# furnished the arties. '11a( Section 14. =otice of sale of ro ert# on e/ecution. ,efore the sale of ro ert# on e/ecution" notice thereof must !e given as follows0

'a( 9n case of erisha!le ro ert#" !# osting written notice of the time and lace of the sale in three '3( u!lic laces" refera!l# in cons icuous areas of the munici al or cit# hall" ost office and u!lic mar&et in the munici alit# or cit# where the sale is to ta&e lace" for such time as ma# !e reasona!le" considering the character and condition of the ro ert#% '!( 9n case of other ersonal ro ert#" !# osting a similar notice in the three '3( u!lic laces a!ove+mentioned for not less than five '4( da#s% 'c( 9n case of real ro ert#" !# osting for twent# ')6( da#s in the three '3( u!lic laces a!ovementioned a similar notice articularl# descri!ing the ro ert# and stating where the ro ert# is to !e sold" and if the assessed value of the ro ert# e/ceeds fift# thousand '546"666.66( esos" !# u!lishing a co # of the notice once a wee& for two ')( consecutive wee&s in one news a er selected !# raffle" whether in English" 8ili ino" or an# ma$or regional language u!lished" edited and circulated or" in the a!sence thereof" having general circulation in the rovince or cit#% 'd( 9n all cases" written notice of the sale shall !e given to the $udgment o!ligor" at least three '3( da#s !efore the sale" e/ce t as rovided in aragra h 'a( hereof where notice shall !e given the same manner as ersonal service of leadings and other a ers as rovided !# section 7 of Rule 13. *he notice shall s ecif# the lace" date and e/act time of the sale which should not !e earlier than nine o>cloc& in the morning and not later than two o>cloc& in the afternoon. *he lace of the sale ma# !e agreed u on !# the arties. 9n the a!sence of such agreement" the sale of the ro ert# or ersonal ro ert# not ca a!le of manual deliver# shall !e held in the office of the cler& of court of the Regional *rial Court or the Aunici al *rial Court which issued the writ of or which was designated !# the a ellate court. 9n the case of ersonal ro ert# ca a!le of manual deliver#" the sale shall !e held in the lace where the ro ert# is located. '1;a( Section 17. 5roceedings where ro ert# claimed !# third erson. 9f the ro ert# levied on is claimed !# an# erson other than the $udgment o!ligor or his agent" and such erson ma&es an affidavit of his title thereto or right to the ossession thereof" stating the grounds of such right or title" and serves the same u on the officer ma&ing the lev# and co # thereof" stating the grounds of such right or tittle" and a serves the same u on the officer ma&ing the lev# and a co # thereof u on the $udgment o!ligee" the officer shall not !e !ound to &ee the ro ert#" unless such $udgment o!ligee" on demand of the officer" files a !ond a roved !# the court to indemnit# the third+ art# claimant in a sum not less than the value of the ro ert# levied on. 9n case of disagreement as to such value" the same shall !e determined !# the court issuing the writ of e/ecution. =o claim for damages for the ta&ing or &ee ing of the ro ert# ma# !e enforced against the

!ond unless the action therefor is filed within one hundred twent# '1)6( da#s from the date of the filing of the !ond. *he officer shall not !e lia!le for damages for the ta&ing or &ee ing of the ro ert#" to an# third+ art# claimant if such !ond is filed. =othing herein contained shall revent such claimant or an# third erson from vindicating his claim to the ro ert# in a se arate action" or revent the $udgment o!ligee from claiming damages in the same or a se arate action against a third+ art# claimant who filed a frivolous or lainl# s urious claim. When the writ of e/ecution is issued in favor of the Re u!lic of the 5hili ines" or an# officer dul# re resenting it" the filing of such !ond shall not !e required" and in case the sheriff or lev#ing officer is sued for damages as a result of the lev#" he shall !e re resented !# the Solicitor Beneral and if held lia!le therefor" the actual damages ad$udged !# the court shall !e aid !# the =ational *reasurer out of such funds as ma# !e a ro riated for the ur ose. '1:a( Section 1:. 5enalt# for selling without notice" or removing or defacing notice. -n officer selling without the notice rescri!ed !# section 14 of this Rule shall !e lia!le to a# unitive damages in the amount of five thousand '54"666.66( esos to an# erson in$ured there!#" in addition to his actual damages" !oth to !e recovered !# motion in the same action% and a erson willfull# removing or defacing the notice osted" if done !efore the sale" or !efore the satisfaction of the $udgment if it !e satisfied !efore the sale" shall !e lia!le to a# five thousand '54"666.66( esos to an# erson in$ured !# reason thereof" in addition to his actual damages" to !e recovered !# motion in the same action. '1<a( Section 1;. =o sale if $udgment and costs aid. -t an# time !efore the sale of ro ert# on e/ecution" the $udgment o!ligor ma# revent the sale !# a#ing the amount required !# the e/ecution and the costs that have !een incurred therein. ')6a( Section 1<. 2ow ro ert# sold on e/ecution% who ma# direct manner and order of sale. -ll sales of ro ert# under e/ecution must !e made at u!lic auction" to the highest !idder" to start at the e/act time fi/ed in the notice. -fter sufficient ro ert# has !een sold to satisf# the e/ecution" no more shall !e sold and an# e/cess ro ert# or roceeds of the sale shall !e rom tl# delivered to the $udgment o!ligor or his authoriCed re resentative" unless otherwise directed !# the $udgment or order of the court. When the sale is of real ro ert#" consisting of several &nown lots" the# must !e sold se aratel#% or" when a ortion of such real ro ert# is claimed !# a third erson" he ma# require it to !e sold se aratel#. When the sale is of ersonal ro ert# ca a!le of manual deliver#" it must !e sold within view of those attending the same and in such arcels as are li&el# to !ring the highest rice. *he $udgment o!ligor" if resent at the sale" ma# direct the order in which ro ert#" real or ersonal shall !e sold" when such ro ert# consists of several &nown lots or arcels which can !e sold to advantage

se aratel#. =either the officer conducting the e/ecution sale" nor his de uties" can !ecome a urchaser" nor !e interested directl# or indirectl# in an# urchase at such sale. ')1a( Section )6. Refusal of urchaser to a#. 9f a urchaser refuses to a# the amount !id !# him for ro ert# struc& off to him at a sale under e/ecution" the officer ma# again sell the ro ert# to the highest !idder and shall not !e res onsi!le for an# loss occasioned there!#% !ut the court ma# order the refusing urchaser to a# into the court the amount of such loss" with costs" and ma# unish him for contem t if he diso!e#s the order. *he amount of such a#ment shall !e for the !enefit of the erson entitled to the roceeds of the e/ecution" unless the e/ecution has !een full# satisfied" in which event such roceeds shall !e for the !enefit of the $udgment o!ligor. *he officer ma# thereafter re$ect an# su!sequent !id of such urchaser who refuses to a#. '))a( Section )1. @udgment o!ligee as urchaser. When the urchaser is the $udgment o!ligee" and no third+ art# claim has !een filed" he need not a# the amount of the !id if it does not e/ceed the amount of his $udgment. 9f it does" he shall a# onl# the e/cess. ')3a( Section )). -d$ournment of sale. ,# written consent of the $udgment o!ligor and o!ligee" or their dul# authoriCed re resentatives" the officer ma# ad$ourn the sale to an# date and time agreed u on !# them. Without such agreement" he ma# ad$ourn the sale from da# to da# if it !ecomes necessar# to do so for lac& of time to com lete the sale on the da# fi/ed in the notice or the da# to which it was ad$ourned. ')3a( Section )3. Conve#ance to urchaser of ersonal ro ert# ca a!le of manual deliver#. When the urchaser of an# ersonal ro ert#" ca a!le of manual deliver#" a#s the urchase rice" the officer ma&ing the sale must deliver the ro ert# to the urchaser and" if desired" e/ecute and deliver to him a certificate of sale. *he sale conve#s to the urchaser all the rights which the $udgment o!ligor had in such ro ert# as of the date of the lev# on e/ecution or reliminar# attachment. ')4a( Section )3. Conve#ance to urchaser of ersonal ro ert# not ca a!le of manual deliver#. When the urchaser of an# ersonal ro ert#" not ca a!le of manual deliver#" a#s the urchase rice" the officer ma&ing the sale must e/ecute and deliver to the urchaser a certificate of sale. Such certificate conve#s to the urchaser all the rights which the $udgment o!ligor had in such ro ert# as of the date of the lev# on e/ecution or reliminar# attachment. ')7a( Section )4. Conve#ance of real ro ert#% certificate thereof given to urchaser and filed with registr# of deeds. U on a sale of real ro ert#" the officer must give to the urchaser a certificate of sale containing0

'a( '!( 'c(

- articular descri tion of the real ro ert# sold% *he rice aid for each distinct lot or arcel% *he whole rice aid !# him%

'd( - statement that the right of redem tion e/ ires one '1( #ear from the date of the registration of the certificate of sale. Such certificate must !e registered in the registr# of deeds of the lace where the ro ert# is situated. '): a( Section )7. Certificate of sale where ro ert# claimed !# third erson. When a ro ert# sold !# virtue of a writ of e/ecution has !een claimed !# a third erson" the certificate of sale to !e issued !# the sheriff ursuant to sections )3" )3 and )4 of this Rule shall ma&e e/ ress mention of the e/istence of such third+ art# claim. ');a( Section ):. Who ma# redeem real ro ert# so sold. Real ro ert# sold as rovided in the last receding section" or an# art thereof sold se aratel#" ma# !e redeemed in the manner hereinafter rovided" !# the following ersons0 'a( *he $udgment o!ligor% or his successor in interest in the whole or an# art of the ro ert#% '!( - creditor having a lien !# virtue of an attachment" $udgment or mortgage on the ro ert# sold" or on some art thereof" su!sequent to the lien under which the ro ert# was sold. Such redeeming creditor is termed a redem tioner. ')<a( Section );. *ime and manner of" and amounts a#a!le on" successive redem tions% notice to !e given and filed. *he $udgment o!ligor" or redem tioner" ma# redeem the ro ert# from the urchaser" at an# time within one '1( #ear from the date of the registration of the certificate of sale" !# a#ing the urchaser the amount of his urchase" with the er centum er month interest thereon in addition" u to the time of redem tion" together with the amount of an# assessments or ta/es which the urchaser ma# have aid thereon after urchase" and interest on such last named amount at the same rate% and if the urchaser !e also a creditor having a rior lien to that of the redem tioner" other than the $udgment under which such urchase was made" the amount of such other lien" with interest. 5ro ert# so redeemed ma# again !e redeemed within si/t# '76( da#s after the last redem tion u on a#ment of the sum aid on the last redem tion" with two er centum thereon in addition and the amount of an# assessments or ta/es which the last redem tioner ma# have aid thereon after redem tion !# him" with interest on such last named amount" and in addition" the amount of an# liens held

!# said last redem tioner rior to his own" with interest. *he ro ert# ma# !e again" and as often as a redem tioner is so dis osed" redeemed from an# revious redem tioner within si/t# '76( da#s after the last redem tion" on a#ing the sum aid on the last revious redem tion" with two er centum thereon in addition" and the amounts of an# assessments or ta/es which the last revious redem tioner aid after the redem tion thereon" with interest thereon" and the amount of an# liens held !# the last redem tioner rior to his own" with interest. Written notice of an# redem tion must !e given to the officer who made the sale and a du licate filed with the registr# of deeds of the lace" and if an# assessments or ta/es are aid !# the redem tioner or if he has or acquires an# lien other than that u on which the redem tion was made" notice thereof must in li&e manner !e given to the officer and filed with the registr# of deeds% if such notice !e not filed" the ro ert# ma# !e redeemed without a#ing such assessments" ta/es" or liens. '36a( Section )<. Effect of redem tion !# $udgment o!ligor" and a certificate to !e delivered and recorded thereu on% to whom a#ments on redem tion made. 9f the $udgment o!ligor redeems he must ma&e the same a#ments as are required to effect a redem tion !# a redem tioner" whereu on" no further redem tion shall !e allowed and he is restored to his estate. *he erson to whom the redem tion a#ment is made must e/ecute and deliver to him a certificate of redem tion ac&nowledged !efore a notar# u!lic or other officer authoriCed to ta&e ac&nowledgments of conve#ances of real ro ert#. Such certificate must !e filed and recorded in the registr# of deeds of the lace in which the ro ert# is situated and the registrar of deeds must note the record thereof on the margin of the record of the certificate of sale. *he a#ments mentioned in this and the last receding sections ma# !e made to the urchaser or redem tioner" or for him to the officer who made the sale. '31a( Section 36. 5roof required of redem tioner. - redem tioner must roduce to the officer" or erson from whom he see&s to redeem" and serve with his notice to the officer a co # of the $udgment or final order under which he claims the right to redeem" certified !# the cler& of the court wherein the $udgment or final order is entered" or" if he redeems u on a mortgage or other lien" a memorandum of the record thereof" certified !# the registrar of deeds" or an original or certified co # of an# assignment necessar# to esta!lish his claim% and an affidavit e/ecuted !# him or his agent" showing the amount then actuall# due on the lien. '3)a( Section 31. Aanner of using remises ending redem tion% waste restrained. Until the e/ iration of the time allowed for redem tion" the court ma#" as in other ro er cases" restrain the commission of waste on the ro ert# !# in$unction" on the a lication of the urchaser or the $udgment o!ligee" with or without notice% !ut it is not waste for a erson in ossession of the ro ert# at the time of the sale" or entitled to ossession afterwards" during the eriod allowed for redem tion" to continue to use it in the same manner in which it was

reviousl# used" or to use it in the ordinar# course of hus!andr#% or to ma&e the necessar# re airs to !uildings thereon while he occu ies the ro ert#. '33a( Section 3). Rents" earnings and income of ro ert# ending redem tion. *he urchaser or a redem tioner shall not !e entitled to receive the rents" earnings and income of the ro ert# sold on e/ecution" or the value of the use and occu ation thereof when such ro ert# is in the ossession of a tenant. -ll rents" earnings and income derived from the ro ert# ending redem tion shall !elong to the $udgment o!ligor until the e/ iration of his eriod of redem tion. '33a( Section 33. ?eed and ossession to !e given at e/ iration of redem tion eriod% !# whom e/ecuted or given. 9f no redem tion !e made within one '1( #ear from the date of the registration of the certificate of sale" the urchaser is entitled to a conve#ance and ossession of the ro ert#% or" if so redeemed whenever si/t# '76( da#s have ela sed and no other redem tion has !een made" and notice thereof given" and the time for redem tion has e/ ired" the last redem tioner is entitled to the conve#ance and ossession% !ut in all cases the $udgment o!ligor shall have the entire eriod of one '1( #ear from the date of the registration of the sale to redeem the ro ert#. *he deed shall !e e/ecuted !# the officer ma&ing the sale or !# his successor in office" and in the latter case shall have the same validit# as though the officer ma&ing the sale had continued in office and e/ecuted it. U on the e/ iration of the right of redem tion" the urchaser or redem tioner shall !e su!stituted to and acquire all the rights" title" interest and claim of the $udgment o!ligor to the ro ert# as of the time of the lev#. *he ossession of the ro ert# shall !e given to the urchaser or last redem tioner !# the same officer unless a third art# adversel# to the $udgment o!ligor. '34a( Section 33. Recover# of rice if sale not effective% revival of $udgment. 9f the urchaser of real ro ert# sold on e/ecution" or his successor in interest" fails to recover the ossession thereof" or is evicted therefrom" in consequence of irregularities in the roceedings concerning the sale" or !ecause the $udgment has !een reversed or set aside" or !ecause the ro ert# sold was e/em t from e/ecution" or !ecause a third erson has vindicated his claim to the ro ert#" he ma# on motion in the same action or in a se arate action recover from the $udgment o!ligee the rice aid" with interest" or so much thereof as has not !een delivered to the $udgment o!ligor" or he ma#" on motion" have the original $udgment revived in his name for the whole rice with interest" or so much thereof as has !een delivered to the $udgment o!ligor. *he $udgment so revived shall have the same force and effect as an original $udgment would have as of the date of the revival and no more. '37a( Section 34. Right to contri!ution or reim!ursement. When ro ert# lia!le to an e/ecution against several ersons is sold thereon" and more than a due

ro ortion of the $udgment is satisfied out of the roceeds of the sale of the ro ert# of one of them" or one of them a#s" without a sale" more than his ro ortion" he ma# com el a contri!ution from the others% and when a $udgment is u on an o!ligation of one of them" as securit# for another" and the suret# a#s the amount" or an# art thereof" either !# sale of his ro ert# or !efore sale" he ma# com el re a#ment from the rinci al. '3:a( Section 37. E/amination of $udgment o!ligor when $udgment unsatisfied. When the return of a writ of e/ecution issued against ro ert# of a $udgment o!ligor" or an# one of several o!ligors in the same $udgment" shows that the $udgment remains unsatisfied" in whole or in art" the $udgment o!ligee" at an# time after such return is made" shall !e entitled to an order from the court which rendered the said $udgment" requiring such $udgment o!ligor to a ear and !e e/amined concerning his ro ert# and income !efore such court or !efore a commissioner a ointed !# it at a s ecified time and lace% and roceedings ma# thereu on !e had for the a lication of the ro ert# and income of the $udgment o!ligor towards the satisfaction of the $udgment. ,ut no $udgment o!ligor shall !e so required to a ear !efore a court or commissioner outside the rovince or cit# in which such o!ligor resides or is found. '3;a( Section 3:. E/amination of o!ligor of $udgment o!ligor. When the return of a writ of e/ecution against the ro ert# of a $udgment o!ligor shows that the $udgment remain unsatisfied" in whole or in art" and u on roof to the satisfaction of the court which issued the writ" that a erson" cor oration" or other $uridical entit# has ro ert# of such $udgment o!ligor or is inde!ted to him" the court ma#" !# an order" require such erson" cor oration" or other $uridical entit#" or an# officer" or mem!er thereof" to a ear !efore the court or a commissioner a ointed !# it" at a time and lace within the rovince or cit# where such de!tor resides or is found" and !e e/amined concerning the same. *he service of the order shall !ind all credits due the $udgment o!ligor and all mone# and ro ert# of the $udgment o!ligor in the ossession or in the control of such erson cor oration" or $uridical entit# from the time of service% and the court ma# also require notice of such roceedings to !e given to an# art# to the action in such manner as it ma# deem ro er. '3<a( Section 3;. Enforcement of attendance and conduct of e/amination. - art# or other erson ma# !e com elled" !# an order or su! oena" to attend !efore the court or commissioner to testif# as rovided in the two receding sections" and u on failure to o!e# such order or su! oena or to !e sworn" or to answer as a witness or to su!scri!e his de osition" ma# !e unished for contem t as in other cases. E/aminations shall not !e undul# rolonged" !ut the roceedings ma# !e ad$ourned from time to time" until the# are com leted. 9f the e/amination is !efore a commissioner" he must ta&e it in writing and certif# it to the court. -ll e/aminations and answers !efore a court commissioner must !e under oath" and when a cor oration or other $uridical entit# answers" it must !e on the oath of an authoriCed officer or agent thereof. '36a(

Section 3<. 1!ligor ma# a# e/ecution against o!ligee. -fter a writ of e/ecution against ro ert# has !een issued" a erson inde!ted to the $udgment o!ligor ma# a# to the sheriff holding the writ of e/ecution the amount of his de!t or so much thereof as ma# !e necessar# to satisf# the $udgment" in the manner rescri!ed in section < of this Rule" and the sheriff>s recei t shall !e a sufficient discharge for the amount so aid or directed to !e credited !# the $udgment o!ligee on the e/ecution. '31a( Section 36. 1rder for a lication of ro ert# and income to satisfaction of $udgment. *he court ma# order an# ro ert# of the $udgment o!ligor" or mone# due him" not e/em t from e/ecution" in the hands of either himself or another erson" or of a cor oration or other $uridical entit#" to !e a lied to the satisfaction of the $udgment" su!$ect to an# rior rights over such ro ert#. 9f" u on investigation of his current income and e/ enses" it a ears that the earnings of the $udgment o!ligor for his ersonal services are more than necessar# for the su ort of his famil#" the court ma# order that he a# the $udgment in fi/ed monthl# installments" and u on his failure to a# an# such installment when due without good e/cuse" ma# unish him for indirect contem t. '3)a( Section 31. - ointment of receiver. *he court ma# a oint a receiver of the ro ert# of the $udgment o!ligor% and it ma# also for!id a transfer or other dis osition of" or an# interference with" the ro ert# of the $udgment o!ligor not e/em t from e/ecution. '33a( Section 3). Sale of ascertaina!le interest of $udgment o!ligor in real estate. 9f it a ears that the $udgment o!ligor has an interest in real estate in the lace in which roceedings are had" as mortgagor or mortgagee or other+ wise" and his interest therein can !e ascertained without controvers# the receiver ma# !e ordered to sell and conve# such real estate or the interest of the o!ligor therein% and such sale shall !e conducted in all res ects in the same manner as is rovided for the sale of real state u on e/ecution" and the roceedings thereon shall !e a roved !# the court !efore the e/ecution of the deed. '33a( Section 33. 5roceedings when inde!tedness denied or another erson claims the ro ert#. 9f it a ears that a erson or cor oration" alleged to have ro ert# of the $udgment o!ligor or to !e inde!ted to him" claims an interest in the ro ert# adverse to him or denied the de!t" the court ma# authoriCe" !# an order made to that effect" the $udgment o!ligee to institute an action against such erson or cor oration for the recover# of such interest or de!t" for!id a transfer or other dis osition of such interest or de!t within one hundred twent# '1)6( da#s from notice of the order" and ma# unish diso!edience of such order as for contem t. Such order ma# !e modified or vacated at an# time !# the court which issued it" or !# the court in which the action is !rought" u on such terms as ma#

!e $ust. '34a( Section 33. Entr# of satisfaction of $udgment !# cler& of court. Satisfaction of a $udgment shall !e entered !# the cler& of court in the court doc&et" and in the e/ecution !oo&" u on the return of a writ of e/ecution showing the full satisfaction of the $udgment" or u on the filing of an admission to the satisfaction of the $udgment e/ecuted and ac&nowledged in the same manner as a conve#ance of real ro ert# !# the $udgment o!ligee or !# his counsel unless a revocation of his authorit# is filed" or u on the endorsement of such admission !# the $udgment o!ligee or his counsel" on the face of the record of the $udgment. '37a( Section 34. Entr# of satisfaction with or without admission. Whenever a $udgment is satisfied in fact" or otherwise than u on an e/ecution on demand of the $udgment o!ligor" the $udgment o!ligee or his counsel must e/ecute and ac&nowledge" or indorse an admission of the satisfaction as rovided in the last receding section" and after notice and u on motion the court ma# order either the $udgment o!ligee or his counsel to do so" or ma# order the entr# of satisfaction to !e made without such admission. '3:a( Section 37. When rinci al !ound !# $udgment against suret#. When a $udgment is rendered against a art# who stands as suret# for another" the latter is also !ound from the time that he has notice of the action or roceeding" and an o ortunit# at the suret#>s request to $oin in the defense. '3;a( Section 3:. Effect of $udgments or final orders. *he effect of a $udgment or final order rendered !# a court of the 5hili ines" having $urisdiction to ronounce the $udgment or final order" ma# !e as follows0 'a( 9n case of a $udgment or final order against a s ecific thing" or in res ect to the ro!ate of a will" or the administration of the estate of a deceased erson" or in res ect to the ersonal" olitical" or legal condition or status of a articular erson or his relationshi to another" the $udgment or final order is conclusive u on the title to the thing" the will or administration or the condition" status or relationshi of the erson" however" the ro!ate of a will or granting of letters of administration shall onl# !e rima facie evidence of the death of the testator or intestate% '!( 9n other cases" the $udgment or final order is" with res ect to the matter directl# ad$udged or as to an# other matter that could have !een missed in relation thereto" conclusive !etween the arties and their successors in interest" !# title su!sequent to the commencement of the action or s ecial roceeding" litigating for the same thing and under the same title and in the same ca acit#% and 'c( 9n an# other litigation !etween the same arties or their successors in interest" that onl# is deemed to have !een ad$udged in a former $udgment or final

order which a ears u on its face to have !een so ad$udged" or which was actuall# and necessaril# included therein or necessar# thereto. '3<a( Section 3;. Effect of foreign $udgments or final orders. *he effect of a $udgment or final order of a tri!unal of a foreign countr#" having $urisdiction to render the $udgment or final order is as follows0 'a( 9n case of a $udgment or final order u on a s ecific thing" the $udgment or final order" is conclusive u on the title to the thing" and '!( 9n case of a $udgment or final order against a erson" the $udgment or final order is resum tive evidence of a right as !etween the arties and their successors in interest !# a su!sequent title. 9n either case" the $udgment or final order ma# !e re elled !# evidence of a want of $urisdiction" want of notice to the art#" collusion" fraud" or clear mista&e of law or fact. '46a(

eals

RULE 36 eal 8rom Aunici al *rial Courts to the Regional *rial Courts

Section 1. Where to a eal. -n a eal from a $udgment or final order of a Aunici al *rial Court ma# !e ta&en to the Regional *rial Court e/ercising $urisdiction over the area to which the former ertains. *he title of the case shall remain as it was in the court of origin" !ut the art# a ealing the case shall !e further referred to as the a ellant and the adverse art# as the a ellee. 'a( Section ). When to a eal. -n a eal ma# !e ta&en within fifteen '14( da#s after notice to the a ellant of the $udgment or final order a ealed from. Where a record on a eal is required" the a ellant shall file a notice of a eal and a record on a eal within thirt# '36( da#s after notice of the $udgment or final order. *he eriod of a eal shall !e interru ted !# a timel# motion for new trial or reconsideration. =o motion for e/tension of time to file a motion for new trial or reconsideration shall !e allowed. 'n( Section 3. 2ow to a eal. *he a eal is ta&en !# filing a notice of a eal with the court that rendered the $udgment or final order a ealed from. *he notice of a eal shall indicate the arties to the a eal" the $udgment or final

order or art thereof a ealed from" and state the material dates showing the timeliness of the a eal. - record on a eal shall !e required onl# in s ecial roceedings and in other cases of multi le or se arate a eals. *he form and contents of the record on a Rule 31. eal shall !e as rovided in section 7" eal where required" shall !e

Co ies of the notice of a eal" and the record on a served on the adverse art#. 'n(

Section 3. 5erfection of a eal% effect thereof. *he erfection of the a eal and the effect thereof shall !e governed !# the rovisions of section <" Rule 31. 'n( Section 4. - ellate court doc&et and other lawful fees. Within the eriod for ta&ing an a eal" the a ellant shall a# to the cler& of the court which rendered the $udgment or final order a ealed from the full amount of the a ellate court doc&et and other lawful fees. 5roof of a#ment thereof shall !e transmitted to the a ellate court together with the original record or the record on a eal" as the case ma# !e. 'n( Section 7. ?ut# of the cler& of court. Within fifteen '14( da#s from the erfection of the a eal" the cler& of court or the !ranch cler& of court of the lower court shall transmit the original record or the record on a eal" together with the transcri ts and e/hi!its" which he shall certif# as com lete" to the ro er Regional *rial Court. - co # of his letter of transmittal of the records to the a ellate court shall !e furnished the arties. 'n( Section :. 5rocedure in the Regional *rial Court.

'a( U on recei t of the com lete record or the record on a eal" the cler& of court of the Regional *rial Court shall notif# the arties of such fact. '!( Within fifteen '14( da#s from such notice" it shall !e the dut# of the a ellant to su!mit a memorandum which shall !riefl# discuss the errors im uted to the lower court" a co # of which shall !e furnished !# him to the adverse art#. Within fifteen '14( da#s from recei t of the a ellant>s memorandum" the a ellee ma# file his memorandum. 8ailure of the a ellant to file a memorandum shall !e a ground for dismissal of the a eal. 'c( U on the filing of the memorandum of the a ellee" or the e/ iration of the eriod to do so" the case shall !e considered su!mitted for decision. *he Regional *rial Court shall decide the case on the !asis of the entire record of the roceedings had in the court of original and such memoranda as are filed. 'n(

Section ;. - eal from orders dismissing case without trial% lac& of $urisdiction. 9f an a eal is ta&en from an order of the lower court dismissing the case without a trial on the merits" the Regional *rial Court ma# affirm or reverse it" as the case ma# !e. 9n case of affirmance and the ground of dismissal is lac& of $urisdiction over the su!$ect matter" the Regional *rial Court" if it has $urisdiction thereover" shall tr# the case on the merits as if the case was originall# filed with it. 9n case of reversal" the case shall !e remanded for further roceedings. 9f the case was tried on the merits !# the lower court without $urisdiction over the su!$ect matter" the Regional *rial Court on a eal shall not dismiss the case if it has original $urisdiction thereof" !ut shall decide the case in accordance with the receding section" without re$udice to the admission of amended leadings and additional evidence in the interest of $ustice. 'n( Section <. - lica!ilit# of Rule 31. *he other rovisions of Rule 31 shall a l# to a eals rovided for herein insofar as the# are not inconsistent with or ma# serve to su lement the rovisions of this Rule. 'n(