Aldrin entered into a contract to sell with Neil over a parcel of land. The contract stipulated a P500,000.00 down payment upon signing and the balance payable in twelve (12) monthly installments of Pl00,000.00. Aldrin paid the down payment and had paid three (3) monthly installments when he found out that Neil had sold the same property to Yuri for Pl.5 million paid in cash. Aldrin sued Neil for specific performance with damages with the RTC. Yuri, with leave of court, filed an answer-in-intervention as he had already obtained a TCT in his name. After trial, the court rendered judgment ordering Aldrin to pay all the installments due, the cancellation of Yuri’s title, and Neil to execute a deed of sale in favor of Aldrin. When the judgment became final and executory, Aldrin paid Neil all the installments but the latter refused to execute the deed of sale in favor of the former.
Aldrin filed a “Petition for the Issuance of a Writ of Execution” with proper notice of hearing. The petition alleged, among others, that the decision had become final and executory and he is entitled to the issuance of the writ of execution as a matter of right. Neil filed a motion to dismiss the petition on the ground that it lacked the required certification against forum shopping.
a.) Should the court grant Neil’s Motion to Dismiss? (3%)
Despite the issuance of the writ of execution directing Neil to execute the deed of sale in favor of Aldrin, the former obstinately refused to execute the deed.
b.) What is Aldrin’s remedy? (2%)
Suggested answer only. Not an official answer and not legal advice.
[a] No, the court should not grant Neil's motion to dismiss; and [b] Aldrin's remedy is to move for court appointment of a person to execute the deed. Under Rule 7, Section 5 of the Rules of Court, a certification against forum shopping is
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Quick check
Is a certification against forum shopping required in a petition for the issuance of a writ of execution?
A certification against forum shopping is required only in initiatory pleadings, not post-judgment execution motions.
What is the proper remedy if a judgment debtor obstinately refuses to execute a deed of sale despite a writ of execution?
Under Rule 39, Section 10(a), the court may appoint another person to execute the deed at the disobedient party's cost.
What is the legal effect when a court-appointed person executes a deed of conveyance under Rule 39, Section 10(a)?
An act done by a court-appointed person under Rule 39, Section 10(a) has the like effect as if done by the disobedient party.
Why should the trial court deny Neil's motion to dismiss Aldrin's petition for a writ of execution?
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When does the issuance of a writ of execution become a matter of right for the prevailing party?
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Learn more about these topics
1. Forum Shopping Certification
Under Rule 7, Section 5 of the Rules of Court, a certification against forum shopping is required only in initiatory pleadings that commence an action or proceeding. It is not required in post-judgment motions or petitions seeking the issuance of a writ of execution. Because a motion or petition for a writ of execution is a post-judgment relief aimed merely at enforcing a final and executory judgment, the absence of a forum shopping certificate does not warrant the dismissal of the petition.
2. Execution of Conveyances
Under Rule 39, Section 10(a) of the Rules of Court, when a judgment directs a party to execute a conveyance of land or deliver a deed or other documents, and the disobedient party fails or obstinately refuses to comply within the specified time, the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court. The act when so done has like effect as if done by the disobedient party.
3. Writ of Execution
When a judgment becomes final and executory, the prevailing party is entitled to a writ of execution as a matter of right. Execution cannot be defeated or delayed by technical objections raised against post-judgment enforcement motions. Once the court acquires jurisdiction over the main case and renders a final decree, enforcing that decree through execution is a ministerial duty of the tribunal, ensuring that prevailing litigants obtain complete judicial relief without unnecessary procedural hurdles.