DETERMINATION OF PARTIES' RIGHTS & OBLIGATIONS VIA JUDGMENT - 46 PJP 21

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Court’s determination of parties’ rights and obligations through judgment

After the forum decides which law is the lex causae and after receiving evidence from the parties regarding the factual matters involved in the case, it will issue a decision through a process called “judgment.” This decision contains the court’s determination of the rights and/or obligations of the parties under the applicable law.

The court’s decision is then later enforced through the mechanisms provided for under the forum state’s laws. In the case of the Philippines, execution and satisfaction of judgments, including the steps by which they can be accomplished, are provided under the Rules of Court.

Enforcement of judgments

In the Philippines, the term “execution of judgments” is used for the legal enforcement of a court’s decision. This is primarily governed by Rule 39 of the Rules of Court.

According to Section 1 of Rule 39 of the Rules of Court, execution shall issue as a matter of right, or motion, upon a judgment or order that disposes of the action or proceeding upon the expiration of the period to appeal therefrom if no appeal has been duly perfected.

Execution of judgment is primarily in the hands of the court sheriff and the manner by which execution is made depends on the type of judgment: (a) judgment for sum of money; (c) judgment for specific acts; or, (c) special judgments.

For the first type of judgment, as a general rule, the sheriff shall enforce an execution of a judgment for money by demanding from the judgment obligor the immediate payment of the full amount stated in the writ of execution and all lawful fees. The judgment obligor shall pay in cash, certified bank check payable to the judgment obligee, or any other form of payment acceptable to the latter, the amount of the judgment debt under proper receipt directly to the judgment obligee or his authorized representative if present at the time of payment. The lawful fees shall be handed under proper receipt to the executing sheriff who shall turn over the said amount within the same day to the clerk of court of the court that issued the writ.[1]

As to the second type, if a judgment directs a party to execute a conveyance of land or personal property, or to deliver deeds or other documents, or to perform, any other specific act in connection therewith, and the party fails to comply within the time specified, the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court and the act when so done shall have like effect as if done by the party.

If real or personal property is situated within the Philippines, the court in lieu of directing a conveyance thereof may by an order divest the title of any party and vest it in others, which shall have the force and effect of a conveyance executed in due form of law.[2]

Anent the third type, when a judgment requires the performance of any act other than those mentioned in the two preceding paragraphs, a certified copy of the judgment shall be attached to the writ of execution and shall be served by the officer upon the party against whom the same is rendered, or upon any other person required thereby, or by law, to obey the same, and such party or person may be punished for contempt if he disobeys such judgment.[3]

Different states may adopt different rules on execution and satisfaction of judgments. However, based on the principle of lex fori, insofar as Philippine courts are concerned, such process must comply with Philippine laws. The same is true for foreign judgments brought into Philippine courts for their recognition and enforcement within Philippine jurisdiction. Hence, for example, a US citizen cannot insist on the application of US laws or rules on execution of judgments when seeking recognition and enforcement of the a US court’s judgment in a Philippine forum.

[1] Section 9(a) of Rule 39 of the Rules of Court.

[2] Section 10(a) of Rule 39 of the Rules of Court.

[3] Section 11 of Rule 39 of the Rules of Court.