Rule 39 - Execution, Satisfaction and Effect of
Judgment novated by subsequent agreement
Judgments
1. Judgment or final order (Sec. 1)
Judgments and orders become final and executory by
operation of law and not by judicial declaration. Its
finality becomes a fact when the reglementary period
for appeal lapses, and no appeal is perfected within
such period.
2. Losing party must first receive notice of the
judgment before the court or its personnel can execute
the Judgment
i. Office of the Court Administrator vs. Corpuz, 412
SCRA 1 (2003)
3. Kinds of execution
Execution is a process provided by law for the
enforcement of a final and executory judgment.
Enforcement is part of the court’s jurisdiction.
i. According to nature
a. Compulsory Execution/ Execution as a
Matter of Right (Sec. 1)
Requisites:
1. Prevailing party must file a motion for
execution with the court of origin with notice to the
adverse party;
2. Upon rendition of a judgment or order that
completely disposes of the action or proceeding;
and
3. No motion for reconsideration, new trial, or
appeal of the judgment or final order is filed within
the reglementary period.
General Rule:
Execution shall issue as a matter of right on the part
of the prevailing party once a judgment becomes
final and executory.
Exceptions:
1. Where the judgment turns out to be
incomplete or conditional.
2.
of the parties.
3. Equitable grounds like a change in situation
of the parties which makes execution inequitable
(Supervening Facts Doctrine).
4. Execution is enjoined.
5. Judgment has become dormant, except
support which can be executed by motion.
6. Execution is unjust or impossible.
7. When the judgment has already been
executed by the voluntary compliance thereof by
the parties.
8. When refusal to execute has become
imperative in the higher interest of justice.
9. When the execution is sought against
property exempt from execution under Section 13
of Rule 39.
i. Enforceable by mandamus
Finality of judgment has the effect of entitling the
prevailing party to execution as a matter of right. It
is the ministerial duty of the court to do and it is
compellable by mandamus. Such ministerial duty
finds exception when subsequent events would
render execution of judgment unjust.
b. Discretionary (Sec. 2)
May be issued before the lapse of period to appeal
and even during appeal. It is discretionary upon the
court; there is inquiry on whether there is good
reason for execution.
Requisites:
1. There must be a motion filed by the
prevailing party with notice to the adverse party;
2. There must be a hearing ofthe motion for
discretionary execution;
3. There m ust be good reasons to justify the
discretionary execution; and
4. The good reasons must be stated in a special
 order.
ii. According to mode of enforcement
a. By motion (Sec. 6, first sentence)
A final and executory judgment or order may be
executed on motion within five (5) years from the
date of its entry.
b. By independent action (Sec. 6, 2nd sentence)
After the lapse of such time, and before it is barred
by the statute of limitations, a judgment may be
enforced by action.
4. Judgments which are immediately executory
The following judgments by express provision of the
Rules are immediately executory, enforceable upon
their rendition and shall not be stayed by an appeal
taken therefrom:
(a) judgment for injunction;
(b) judgment for receivership;
(c) judgment for accounting; and
(d) judgment for support (Sec. 4, Rule 39, Rules of
Court).
5. Discretionary execution (execution pending appeal
and execution of several, separate, or partial
judgments) (Secs.2, 3, 5)
i. When and where to file motion
a. Before appeal perfected – with trial court
The motion for discretionary execution shall be filed
with the trial court while (a) it has jurisdiction over
the case and while (b) it is in possession of either
the original record or the record on appeal.
b. After appeal perfected – with appellate court
After the trial court has lost jurisdiction, the motion
for execution pending appeal may be filed in the
appellate court.
ii. Trial court can grant motion for execution
pending appeal even after perfection of appeal
(Sec. 9, last par.)
6. Grounds of motion for execution pending appeal
(Sec. 2(a),last par.)
Discretionary execution may only issue upon good
reasons to be stated in a special order after due
hearing.
7. Execution pending appeal applies to election cases.
i. Balajonda vs. COMELEC, G.R. No. 166032,
February 28, 2005
“Batul also clearly shows that the judgments which
may be executed pending appeal need not be only
those rendered by the trial court, but by the
COMELEC as well. It stated, thus:
It is true that present election laws are silent on the
remedy of execution pending appeal in election
contests. However,
neither Ramas nor Santos declared that such
remedy is exclusive to election contests involving
elective barangay and municipal officials as argued
by Batul. Section 2 allowing execution pending
appeal in the discretion of the court applies in a
suppletory manner to election cases, including those
involving city and provincial officials.”
8. Stay of execution pending appeal (Sec. 3)
As a rule, an appeal perfected in due time stays the
execution of a judgment. There are however,
judgments, the execution of which is not stayed by a
pending appeal. These judgments may be classified into
two general categories, namely:
(a) Those judgments which by express provision of the
rules are immediately executory and are not stayed by
an appeal (Sec. 4, Rule 39, Rules of Court); and
(b) Those judgments that have become the object of
discretionary execution (Sec. 2, Rule 39, Rules of Court).
Bonds in execution
The rule is now settled that the mere filing of a
bond by the successful party is not in itself a good
reason for ordering execution pending appeal,
because it is the combination of circumstances
 which is the dominating reason that would justify
immediate execution, the bond being only an
additional factor

9. Bond filed by judgment debtor to stay execution

pending appeal – supersedeas bond (Sec. 3)

10. Bond of judgment obligor to enable sheriff to

continue holding levied property after affidavit of third
party claim filed with him (Sec. 16)

11. Effect of reversal of executed judgment on appeal

(Sec. 5)

Where the executed judgment is reversed totally or

partially, or annulled, on appeal or otherwise, the trial
court may, on motion, issue such orders of restitution
or reparation of damages as equity and justice may
warrant under the circumstances.

12. Modes of execution (Sec. 6)

i. By motion within 5 years from date of entry of

judgment

ii. By independent action called “revival of

judgment” after 5 years and before it is barred by
statute of limitations