Assumption of Mortgage (“Pasalo”) for Pag-IBIG Housing: Deed of Sale and Notarization Requirements (Philippines)

Here’s a practical, everything-you-need-to-know guide—Philippine setting—on what to do when a writ of execution turns up no assets and how to use post-judgment remedies, especially the examination of the judgment debtor. It’s written for litigators, in-house counsel, and judgment creditors. (General information only—not legal advice.)

Big picture (quick answers)

  • “Returned unsatisfied” ≠ dead end. You can still (a) keep reissuing alias writs within the five-year window, (b) compel the debtor and third parties to disclose assets, (c) garnish credits and bank deposits, (d) levy on later-discovered property, (e) attack fraudulent transfers, and (f) pursue insolvency/liquidation if truly assetless.
  • Rule 39 is your roadmap. It governs execution, exemptions, levies, garnishments, redemptions, and supplementary proceedings (examination of the debtor and third persons).
  • Timing matters. Execution by motion: within 5 years from entry of judgment. After 5 but within 10 years, you need an action to revive the judgment; beyond 10, it’s time-barred.
  • Interest keeps running. Money judgments generally earn legal interest from finality until full satisfaction; don’t leave money on the table when computing payoff.
  • No debtor’s prison. Failure to pay isn’t jailable, but disobeying court orders in aid of execution (e.g., refusing to appear, hiding assets, violating a turnover order) can be punished as contempt.

I. How execution normally works (baseline)

  1. Writ issuance. After a judgment becomes final and executory (or sooner if execution pending appeal is granted), the court issues a writ of execution.

  2. Sheriff’s demand; immediate payment. The enforcing officer first demands payment. If unpaid, the officer proceeds to:

    • Garnish debts/credits due the debtor (e.g., bank accounts, receivables).
    • Levy on personal then real property; sell at public auction; apply proceeds to the judgment, interest, costs, and sheriff’s lawful fees.
  3. Sheriff’s return. The officer must return the writ with a report of actions taken and amounts realized. A “returned unsatisfied” writ means no reachable assets were found or proceeds were insufficient.


II. When the writ finds nothing (or not enough)

Think of this as two tracks you can pursue in parallel:

A. Keep the writ alive and hunting

  • Alias writs. You may seek alias writs—again and again—any time within 5 years from entry of judgment. The debtor’s asset picture changes; don’t assume today’s “nil” is tomorrow’s “nil.”
  • Wider geographic reach. Ask the court to transmit the writ for enforcement where assets likely are (e.g., another province/city).

B. Launch supplementary proceedings (asset discovery & compulsion)

These are post-judgment, court-supervised discovery and enforcement tools under Rule 39:

1) Examination of the judgment debtor (a/k/a “judgment obligor”)

  • Trigger: Writ returned wholly or partly unsatisfied, or the creditor shows need to discover assets.

  • Order to appear & testify under oath. The court orders the debtor to appear and answer, under oath, wide-ranging questions about:

    • All property (real, personal, intangible), income, bank accounts, investments, crypto/e-wallets, receivables, corporate shares/interests, vehicles, and claims against others.
    • Transfers within recent years (to relatives, controlled companies, nominees).
    • Books and records, including titles, bank statements, contracts, stock certificates, ledgers, tax filings.
  • Corporate debtors: You can compel an appropriate officer (e.g., president, treasurer, CFO) who knows the company’s assets.

  • Non-appearance or refusal to answer can be punished as contempt; the court may issue a warrant of arrest for willful disobedience of its orders.

2) Examination of third persons (garnishees and asset holders)

  • Who: Anyone owing money to the debtor or holding property for the debtor: banks/e-money issuers, employers, tenants, customers, brokers, affiliates, agents, trustees, etc.
  • Mechanics: The court may order appearance, questioning under oath, and production of documents. It can also order delivery/payment to the sheriff or directly to the creditor up to the amount of the judgment.
  • Effect on garnishee: Upon service of garnishment, the garnishee becomes a “virtual party” to the case; failure to honor the garnishment can make the garnishee personally liable to the extent of what it owed/held.

3) Turnover, restraint, receivership

  • Turnover orders. The court can order the debtor to turn over specific property or documents (e.g., endorsed stock certificates, passbooks, keys, titles) to the sheriff or receiver.
  • Restraining orders. To prevent dissipation, the court can enjoin transfers of particular assets identified in supplementary proceedings.
  • Receivership. If appropriate, the court can appoint a receiver to collect income/rents or manage property pending sale or turnover.

III. Garnishment & levy: practical notes

  • Bank deposits & e-money. Final judgments can be satisfied by garnishing bank accounts and e-wallet balances. While bank secrecy protects disclosure of deposits absent a proper court process, it is not a shield against garnishment to satisfy a final judgment. Expect banks to require precise account identification and a clear writ/garnishment order.
  • Receivables and royalties. Garnish accounts receivable (customers), rents (tenants), royalties (IP licenses), and dividends. Serve the garnishment on the payor and require remittance to the sheriff.
  • Shares & securities. Levy/garnish corporate shares via the corporation’s stock and transfer book; for partnership interests, seek a charging order (the partner’s distributions are applied to your judgment, and a receiver may be appointed).
  • Vehicles & real property. Levy by seizure (movables) or annotation/registration (immovables); sell at public auction. For real property, the debtor generally enjoys a redemption period after an execution sale (tracked from the date provided by the Rules/registration—calendar this strictly).
  • Third-party claims (tercería). If someone claims levied property is theirs, the sheriff may require an indemnity bond from you or release the property; the dispute is resolved in a separate reivindicatory action or via the court’s incident, depending on posture.

IV. Property exempt from execution (watch the carve-outs)

  • Family home (as provided by law), with statutory exceptions (e.g., taxes, debts prior to constitution, mortgage debts, and construction labor/material claims).
  • Essential tools/instruments of trade or profession; necessary clothing/bedding; basic household items; and provisions within reasonable limits.
  • Wages/salaries are protected by law and public policy to varying degrees (especially for laborers and public officers), with notable exceptions (e.g., support obligations). Once wages are paid and deposited, protections may differ from in-payroll salaries.
  • Government benefits (SSS/GSIS pensions/benefits, many retirement benefits), life insurance proceeds payable to specific beneficiaries, and other statutorily protected funds are typically exempt. Always verify the current exemptions and limits before levying to avoid void or reversible actions—and potential liability.

V. If you suspect asset hiding or fraudulent transfers

  • Acción pauliana (rescission for fraud of creditors). If the debtor transferred property to frustrate creditors, you can sue to rescind the transfer. Typical requisites include:

    1. Your credit pre-dates the transfer;
    2. Debtor’s assets are insufficient;
    3. The transfer was in fraud of creditors (badges of fraud: insider transferees, inadequate consideration, secrecy, pendency of suit, debtor retains control);
    4. You first exhausted legal remedies (e.g., unsatisfied execution);
    5. Brought within the prescriptive period (commonly counted from discovery of the fraud).
  • Nominees & veil-piercing. Where the debtor uses a corporation or relative as a conduit, plead alter-ego/veil-piercing or resulting trust theories as warranted by facts.

  • Injunctions & receivership. While prosecuting fraud actions, seek injunction against further conveyances and consider receivership to preserve assets.


VI. When the debtor is truly insolvent

  • Financial Rehabilitation and Insolvency Act (FRIA). An unsatisfied writ of execution is a classic act of insolvency. Creditors may:

    • Support or oppose rehabilitation (which generally stays execution) if the debtor seeks to continue as a going concern; or
    • Petition for involuntary liquidation for individuals/sole proprietors who meet FRIA thresholds/grounds.
  • Collective process. In liquidation, the debtor’s non-exempt property is marshaled; creditors file proofs of claim and are paid according to statutory priorities. Your judgment helps establish your claim but does not leapfrog secured or preferred creditors.


VII. Interest, fees, and costs (don’t leave money on the table)

  • Post-judgment interest generally runs from finality until full satisfaction (often 6% p.a. under prevailing jurisprudence; verify the current rate).
  • Sheriff’s expenses/fees and execution costs are typically taxed as costs against the debtor and paid from proceeds before you’re paid.
  • Attorney’s fees and litigation costs are collectible only if awarded (or as allowed by law/contract).

VIII. Deadlines & limitation periods

  • Execution by motion: 5 years from entry of judgment (you can keep seeking alias writs within this window).
  • Revival of judgment: After 5 years but within 10, file an independent action to revive; a revived judgment restarts the execution clock.
  • Beyond 10 years: An action on the judgment prescribes (subject to limited doctrines on interruption/tolling).
  • Acción pauliana: 4 years from discovery of the fraudulent transfer (and other Civil Code timing rules).

IX. Playbook: step-by-step after an unsatisfied writ

  1. Audit the sheriff’s return. Note all garnishees contacted, addresses tried, and reasons for failure. Ask for supplemental return if sparse.

  2. Immediate motions (parallel):

    • Alias writ (with updated leads/addresses).
    • Supplementary proceedings: Motion to examine judgment debtor (name & address; if corporate, identify officer) and examine identified third parties (banks, employer, tenants, payors).
    • Proposed turnover & restraint orders for any assets already identified.
  3. Paper trail requests: Subpoenas for bank/e-money accounts (to the extent permitted), corporate books, stock & transfer books, land titles (Registry of Deeds), LTO (vehicles), BIR/LGU business papers, SEC records.

  4. Hearing & examination: Come with a question script and document requests. Press for specifics: account numbers, branch codes, plate numbers, titles, customer lists, contracts, dividend schedules, crypto wallets/exchanges used, e-money issuers, escrow agents.

  5. Lockdown orders: Seek injunction against transfers of named assets; ask for a receiver if cash-flowing property exists (rents, routes, franchises).

  6. Levy & garnishment: As assets surface, serve garnishments and levy promptly; calendar auction dates and redemption timelines.

  7. Fraud action(s): If you uncover badges of fraud, prepare acción pauliana or veil-piercing pleadings; request interim preservation remedies.

  8. Consider FRIA routes if insolvency is clear and collective liquidation yields better recovery.

  9. Track interest & costs; regularly update payoff figures; ensure sheriff applies proceeds in the correct statutory order.

  10. Rinse & repeat until satisfied or the 5-year window closes; then revive if needed.


X. Practical Q&A for examinations (use, adapt, refine)

  • Cash & accounts: “List all banks/e-money issuers you used in the last 5 years; branch; account types; numbers; signatories; current balances; safe deposit boxes.”
  • Receivables: “Identify every person/entity that owes you money; amount; due dates; documents; collection status; expected receipts in next 12 months.”
  • Securities & crypto: “All shareholdings (public/private), brokers, certificate nos., dividends due; crypto exchanges/wallets used; approximate balances.”
  • Vehicles & equipment: “Plate nos., CR/OR, liens, storage locations, trackers; equipment serials.”
  • Real property: “TCT/CCT nos., locations, occupants/tenants, rents, taxes paid, mortgages.”
  • Business interests: “Companies where you’re officer/shareholder/partner; percentage holdings; distributions; intercompany receivables.”
  • Transfers: “Assets sold/donated in the last 5 years; transferee; consideration; where proceeds went.”
  • Insurance & pensions: “Policies owned; beneficiaries; surrender values; pensions/retirement benefits.”
  • Documents: “Latest FS, ledgers, tax returns, GCash/PayMaya/GrabPay statements, invoices, lease agreements.”

XI. Common pitfalls

  • Letting time run. Missing the 5-year and 10-year milestones kills leverage.
  • Ignoring exemptions. Levying exempt property risks quashing and damages.
  • Thin sheriff’s return. Courts look for diligence; push for a fuller record to justify broader orders.
  • One-and-done exams. You can re-call the debtor or third persons as new information emerges.
  • Bank secrecy misconceptions. It complicates disclosure, but a proper garnishment still binds the bank.
  • Settlements without security. If you take installments, secure with confessions of judgment, mortgages, post-dated checks (with caution), or surety bonds.

XII. Handy checklist (tear-off style)

  • Calendar 5-year and 10-year dates from entry of judgment.
  • Move for alias writ (update addresses, asset leads).
  • Move for exam of debtor (+ corporate officer if needed).
  • Move for exam of third persons (banks, employer, tenants, key customers).
  • Prepare subpoenas and document lists; draft turnover & restraint orders.
  • Serve garnishments; levy promptly; schedule auctions.
  • Track interest, costs, sheriff’s fees; keep payoff running.
  • If red flags: draft acción pauliana/veil-piercing; seek injunction/receiver.
  • Consider FRIA (rehab vs liquidation) when insolvency is apparent.
  • Keep issuing alias writs as new assets appear; document efforts in the sheriff’s returns.

If you want, I can turn this into a fill-in-the-blanks motion set (alias writ, exam of debtor, exam of third person, turnover & restraint) tailored to your case details.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.