General legal information for the Philippine setting; not a substitute for tailored legal advice.

1) Core ideas in plain terms

Order of default: A court order (typically under Rule 9) issued when a defendant fails to file an answer on time. The defaulted party loses the right to take part in the trial, and the plaintiff may present evidence ex parte (without the defendant).
Judgment by default: The decision the court renders after receiving the plaintiff’s ex parte evidence.
Writ of execution: The enforcement order (Rule 39) directing the sheriff to satisfy the judgment (e.g., through garnishment or levy).
Ex parte issuance of the writ: The court may act without a hearing and even without prior notice to the judgment debtor once the judgment is final and executory; execution then becomes ministerial.

Crucial distinction: You cannot execute an order of default. You may execute only a judgment (decision or final order) that grants relief, and typically only after it becomes final, unless the court specifically grants execution pending appeal for “good reasons.”

2) Governing rules and architecture

Rule 9 (Effect of failure to plead): standards and effects of default; leave to set aside default.
Rule 15 (Motions): general notice requirements; when ex parte action is permissible.
Rule 39 (Execution, satisfaction, and effect of judgments): when execution is a matter of right; execution pending appeal; levy, garnishment, third-party claims; five-year/ten-year periods; alias writs.
2019 Amendments to the Rules of Civil Procedure: streamlined default procedure, reception of ex parte evidence, and execution mechanics remain anchored in Rule 39.

3) From default → judgment → execution: the usual timeline

Order of default issued upon motion and proof of failure to answer.
Ex parte reception of evidence (documents/testimony/affidavits).
Judgment by default is promulgated.
Post-judgment window (ordinarily 15 days from notice) for:
- Motion for reconsideration/new trial, or
- Appeal (default judgments are appealable).
If no tolling motion/appeal: the judgment becomes final and executory; the clerk enters Entry of Judgment.
Execution as a matter of right (Rule 39 §1): Upon motion (no hearing required), the court issues a writ of execution. Acting ex parte is proper at this stage.

4) When ex parte execution is proper—and when it isn’t

Proper (no hearing necessary)

After finality: A money judgment (or other executory relief) already final and executory. The court’s duty to issue the writ is ministerial; it may grant a written motion even ex parte.

Not proper (you need notice, hearing, and higher standards)

Execution pending appeal (Rule 39 §2): Before finality, the court may allow execution only for “good reasons” stated in a special order. This requires notice and is strictly construed; an ex parte grant here is generally improper.
Special writs with collateral effects (e.g., demolition following delivery of possession): courts ordinarily require notice/hearing to ensure due process and compliance with prerequisites (e.g., finality of judgment, removal of improvements by parties).

5) Practical requirements for an ex parte writ (post-finality)

When moving for a writ after finality, attach and state:

Proof of finality: Entry of Judgment, or certification that no appeal/MR is pending.
Computations: Updated principal, interest (e.g., 6% p.a. legal interest for forbearance/damages from default unless a valid contractual rate governs), penalties, attorney’s fees, and costs—all tied to the text of the judgment.
Partial satisfaction (if any): Receipts/acknowledgments; execution issues only for the unsatisfied balance.
Sheriff’s fees/deposits: As required by the court for levy/garnishment.

Form of relief requested: Issuance of a writ of execution directing the sheriff to (i) garnish bank accounts/receivables; (ii) levy on personal/real property; (iii) conduct auction sale; and to render a sheriff’s return within the period set by the court.

6) Scope and limits of execution

Five-year writ window: The judgment may be executed by motion within five (5) years from the date of entry.
Beyond five years but within ten: You must file an independent action to revive judgment (then execute the revived judgment).
Alias writs: Allowed if the first writ is returned unsatisfied or partially satisfied.
Supervening events: The court may stay/modify execution if post-judgment events make execution inequitable or impossible (e.g., full payment, compromise, injunction, bankruptcy moratorium).

7) Enforcement mechanics (money judgments)

Garnishment: Of bank deposits, receivables, salaries (subject to exemptions and special statutes).
Levy: On personal property first, then real property if needed.
Sale on execution: Public auction; apply proceeds in order—costs, judgment, surplus to debtor.
Exempt property: Certain assets are exempt from execution (e.g., basic household necessities, tools for trade, some benefits; the family home is generally exempt within value limits under the Family Code and special laws).
Third-party claims (tercería): A stranger asserting ownership may file a claim; the sheriff may require an indemnity bond from the creditor to proceed, or the issue is resolved by a separate action.

8) Defaulted defendant’s remedies before execution bites

Before judgment by default:
- Motion to lift/set aside default (show fraud, accident, mistake, or excusable negligence; annex a meritorious answer).
After judgment by default but before finality:
- MR/New Trial (Rule 37), or appeal within the reglementary period.
After finality:
- Petition for relief from judgment (Rule 38), strictly time-barred (within 6 months from entry/notice and 60 days from knowledge).
- Annulment of judgment in the CA on limited grounds (lack of jurisdiction, extrinsic fraud).
Against execution/writ:
- Motion to quash/recall the writ (e.g., no finality; variance with judgment; satisfied; wrong party; exempt property).
- Injunction (in the proper court) to stay execution for recognized equitable grounds.

9) Common pitfalls and how courts address them

Attempting to execute the order of default itself: Not allowed. You need a judgment.
Rushing execution while MR/appeal is pending: Improper unless there is a special order granting execution pending appeal for good reasons.
Over-execution: A writ that exceeds the terms of the judgment (e.g., charging interest not awarded or at a different rate) is void as to the excess.
No proof of finality: Courts routinely deny ex parte motions for writs when finality isn’t demonstrated.
Ignoring supervening events: Payment/compromise may stay or satisfy execution; the court can recall/modify writs accordingly.
Levy on exempt assets: Vulnerable to recall, administrative liability for the sheriff, and damages.

10) Execution pending appeal: special caution

Requires a motion with notice to the adverse party, and a special order citing good reasons (e.g., impending insolvency, perishable property, risk of asset flight).
Courts may require a bond to answer for damages in case the execution is later set aside.
Ex parte execution pending appeal is generally voidable for lack of due process.

11) Sheriff playbook (what the writ should enable)

Identify the case, parties, dispositive portion, and exact amounts due as of a cut-off date (with interest breakdown).
Direct:
1. Demand immediate payment from the debtor;
2. If unpaid, garnish debts/credits in third persons’ hands (banks, employers, clients);
3. Levy sufficient property;
4. Advertise and sell per rules;
5. Render return within the period (often 30 days, and every 30 days until fully satisfied).

12) Quick drafting templates (adapt to your facts)

A) Ex Parte Motion for Issuance of Writ of Execution (post-finality)

Prefatory facts: Judgment by default dated [date] awarding [reliefs/amounts]; no MR/appeal filed; Entry of Judgment dated [date] attached. Prayer: Issue a Writ of Execution commanding the Sheriff to satisfy the judgment for ₱[principal] + [interest/penalty/fees] as of [cut-off date], per attached computation; to garnish, levy, and sell properties as necessary, and to submit a return.

B) Motion to Quash/Recall Writ of Execution

Grounds: (1) No finality (MR/appeal pending); (2) Variance—writ includes [e.g., 12% interest] not awarded in the judgment; (3) Satisfaction/Compromise; (4) Levy on exempt property; (5) Wrong party/lack of notice where due process is required (e.g., demolition). Prayer: Quash/recall the writ; order restitution for acts done under a void writ; sanction improper levy.

13) Checklists

For the judgment creditor

☐ Ensure finality (Entry of Judgment/RTC certification).
☐ Compute amounts precisely per dispositive portion; include running interest up to a date.
☐ Prepare garnishment targets (banks, employers, large payors).
☐ Deposit sheriff’s fees; request alias writ if prior writ lapsed/unsatisfied.
☐ Monitor sheriff’s returns and move against third-party claims or dilatory tactics promptly.

For the judgment debtor (defaulted)

☐ If still within period: MR/New Trial/Appeal.
☐ If final: evaluate Rule 38 (strict deadlines) or annulment (limited grounds).
☐ On execution: assert exemptions, partial satisfaction, or variance; consider injunctive relief.
☐ If levy hits third-party property: tercería supported by proof of ownership.

For the court

☐ Confirm finality or, if pending appeal, ensure good reasons for §2 execution and issue a special order.
☐ Match writ exactly with the judgment; avoid overreach.
☐ Resolve supervening-event objections; police sheriff compliance and timelines.

14) Key takeaways

An order of default is not executable; execution attaches to a judgment.
Ex parte issuance of a writ is proper after finality because execution is ministerial; not so for execution pending appeal.
Precision on finality, amounts, and limits (exemptions, supervening events) prevents quashals and delays.
Default does not end due process: the Rules preserve measured remedies to lift default, assail a default judgment, and police execution against error or abuse.