PHILIPPINES Law and Practice Contributed by: Ramon G. Songco, Anthony W. Dee, Ricardo Ma. P.G. Ongkiko and Russel L. Rodriguez, SyCip Salazar Hernandez & Gatmaitan
attorney’s fees, litigation expenses and cost; (i) interpleader; (ii) declaratory relief; (iii) certiorari, prohibition, and/or mandamus; (iv) quo warranto; (v) expropriation; (vi) foreclosure of real estate mortgage; • criminal action through which the state prosecutes a person for an act or omission punishable by law; or • special proceeding through which a party seeks to establish a status, a right, or a particular fact. 2.2 Enforcement of Domestic Judgments Once a decision has become final and executory, it may be enforced through a motion filed with the court of origin within five years from the date of its entry of judgment. After the lapse of such time, and the judgment-creditor failed to file a motion or otherwise obtain a writ of execution within the initial five-year period, it may be enforced by first filing a separate action to revive the judgment within another five-year period counted from the end of the initial five-year period. (b) special: (vii) partition; or (viii) contempt; Following the filing of the motion, the court will issue a writ of execution directing the sheriff or other proper officer to enforce the writ according to its terms. This directive depends on the nature of the cause of action and the relief prayed for, and granted, in the case. In an action for a sum of money, when the judgment- debtor is unable to pay the judgment award on demand, the sheriff may proceed to satisfy the judg - ment by levying the real and personal property of the judgment-debtor. The judgment-debtor generally has the option of choosing which of their properties should first be levied, but if they do not exercise the option, the sheriff shall first levy on the personal properties, if any, and then on the real properties if the personal properties are insufficient to answer for the judgment. Similarly, the sheriff may garnish the debts due the judgment obligor and other credits, including bank deposits, financial interests, royalties, commissions
and other personal property not capable of manual delivery in the possession or control of third parties. In the event that the judgment-debtor is already insol - vent and the subject of an on-going insolvency pro - ceeding, the judgment-creditor may satisfy the judg - ment by filing their notice of claim with the insolvency court. 2.3 Costs and Time Taken to Enforce Domestic Judgments If a judgment award is enforced through a motion, there is no additional cost associated with the enforcement other than for logistical expenses of the enforcement activity. A motion of this nature is non- litigious and the court’s issuance of a writ of execution to enforce a final and executory judgment is generally considered ministerial and a matter of right on the part of the judgment-creditor. If the judgment award is enforced through an inde - pendent action because the initial five-year period has already lapsed, the court will assess filing fees based on the judgment award. The Rules of Court allow the judgment-creditor to examine, under oath, the judgment-debtor, as well as the debtors of the judgment-debtor, before the same court that rendered the judgment in cases where the judgment award has remained unsatisfied. In this regard, the service of the order of the court requiring the debtors of the judgment-debtor to appear shall bind all the credits due to the judgment obligor and all of the money and property of the judg - ment-debtor in the possession or in the control of the debtor from the time of service. 2.5 Challenging Enforcement of Domestic Judgments The defendant can assail the writ of execution issued by a court on the following grounds: 2.4 Post-Judgment Procedures for Determining Defendants’ Assets • facts and circumstances have transpired after the judgment that would make the execution impos - sible or unjust; or
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