Filing a Motion for Execution in Housing Cases in the Philippines

Summary: This article is a practitioner-oriented, Philippine-specific guide to executing judgments in “housing cases”—most commonly ejectment (forcible entry/unlawful detainer) before first-level courts, and homeowner/condominium/subdivision disputes before the Human Settlements Adjudication Commission (HSAC). It covers when execution is available, how to draft and file a motion, timelines, bonds and deposits, writ mechanics (including restitution of possession, demolition, and garnishment), third-party claims, defenses against execution, and emergency remedies.

1) What counts as a “housing case”?

Ejectment suits (Rule 70, Rules of Court).
- Forcible entry (dispossession by force, intimidation, threat, strategy, or stealth).
- Unlawful detainer (possession became illegal by expiration/termination of the right to possess, e.g., lease ended or demand to vacate was ignored).
HSAC matters (formerly HLURB).
- Disputes involving developers, subdivision/condominium projects, homeowners/condo corporations (e.g., delivery of titles, common area issues, dues/assessments, construction defects), governed by HSAC rules with the Rules of Court applied suppletorily.
Related civil cases in the RTC (e.g., specific performance against a developer, cancellation of lien, reconveyance, etc.) where the relief affects housing/possession.

In all three tracks, execution is how a prevailing party turns a favorable decision, order, or compromise/amicable settlement into actual relief—money paid, premises restored, structures removed, or acts compelled or restrained.

2) The legal backbone of execution

Rule 39 (Execution, Satisfaction and Effect of Judgments). The default, across courts and—suppletorily—before quasi-judicial bodies like HSAC.
Rule 70 (Ejectment) adds immediate-execution rules and supersedeas bond/rental deposits when a losing party appeals.
Special statutes may affect how a writ is carried out (e.g., UDHA—R.A. 7279—humane eviction procedures for underprivileged and homeless citizens; Rent Control Acts for rent deposit/arrears calculations).
HSAC Rules of Procedure provide the agency-specific steps; where silent, Rule 39 generally applies.

3) When can you move for execution?

A. As a rule (finality or entry)

After finality of judgment (no timely appeal, or appellate judgment has become final); or
Upon entry of judgment; or
Within 5 years from entry of judgment, execution may be had by motion; after 5 but within 10 years, execution requires a separate action (revival of judgment).

B. Special to ejectment (Rule 70): immediate execution pending appeal

Judgments in ejectment are immediately executory unless the defendant (appellant):
1. files a timely notice of appeal;
2. files a supersedeas bond approved by the first-level court to cover rents/damages up to the judgment date; and
3. deposits current rents (or reasonable compensation for use and occupation) periodically during the appeal.
Any default in the periodic deposits authorizes the court of origin, upon motion, to order execution even pending appeal, typically for restitution of possession and rents then due.

4) Where to file the motion

Trial court of origin (first-level court) executes its own judgment if no appeal lies, or executes immediate restitution in ejectment when the appellant defaults on deposits.
Appellate execution: Once the case is elevated and the appellate judgment becomes final, execution is sought from the court that rendered the executable judgment (e.g., RTC or CA), which typically issues the writ and remands to the sheriff/executing officer (often through the lower court for territorial implementation).
HSAC: File the motion for execution in the same HSAC regional office/tribunal that rendered the decision.

5) What to include in a Motion for Execution

Caption & title appropriate to the forum; then:

Introductory allegations
- The decision, date, dispositive portion, and that it is final/executable or immediately executory (e.g., in ejectment due to deposit default).
- For partial execution (e.g., money aspect), specify the portion sought to be executed.
Proof of executability
- Certificate of finality or entry of judgment; or
- Order approving appeal bond plus sheriff’s/clerks’ computation of rentals and proof of default in periodic deposits (ejectment immediate execution).
Specific relief requested
- Money: amount due (principal, interests, costs, attorney’s fees), less payments;
- Restitution of possession: identify exact premises by metes and bounds, unit/door number, floor plan;
- Demolition/removal: describe structures/obstructions; request special order of demolition if needed;
- Garnishment: name banks/employers/debtors of judgment obligor if known;
- Examination of judgment obligor (Rule 39, post-judgment discovery) if assets are unknown.
Computations & interest
- Up-to-date computation of rents/damages and legal interest (state rates and reckoning dates), taxes if applicable, and sheriff’s fees deposit.
Attachments
- Decision/judgment and dispositive portion;
- Certificate of finality/entry or proof of default (ejectment);
- Demand letters, lease contracts, prior sheriff’s returns (for alias writ), maps/photos for site clarity;
- Proof of service on adverse party.
Notice & service
- Proper service to counsel (or party if unrepresented). Many courts will not act absent proof of service.

6) The writ and how it is carried out

A. Kinds of writs

Writ of Execution (generic): directs the sheriff to enforce the judgment’s dispositive terms.
Alias Writ: if the first writ expires (typically 60 days to implement) or is returned unsatisfied, an alias writ may issue within the 5-year period.
Special Order of Demolition: needed when removal of structures/fences is required.

B. Sheriff’s workflow (typical)

Coordinate with counsel for a sheriff’s fee deposit and logistics.
Issue 3-day notice to vacate/comply (or as required by the writ/Rules).
On lapse, enforce:
- Money: levy on personalty first (bank accounts via garnishment, receivables, vehicles), then realty if needed; sell at auction; apply proceeds.
- Possession: restore premises; change locks; turn over possession to prevailing party.
- Demolition: if structures impede restitution and are covered by the order, proceed with demolition using appropriate equipment and LGU coordination when required.
Make returns to court (partially or fully satisfied; reasons for failure).

Tip: Provide the sheriff clear plans, photographs, and a representative to identify the exact unit or boundaries. Ambiguity delays execution.

7) Special concerns in housing cases

A. UDHA (R.A. 7279) and humane eviction

Applies to underprivileged and homeless. Courts and sheriffs implement humane procedures (advance written notice, presence of LGU/social officers, proper day/time, no excessive force, inventory of belongings, and—where applicable—relocation or financial assistance in coordination with LGU).
The existence of a final judgment does not vanish; rather, implementation must comply with UDHA safeguards. Identify early if defendants qualify; coordinate with the LGU Urban Poor Affairs Office.

B. Supersedeas bond & rental deposits (ejectment)

Keep a running audit of deposits. Any default justifies immediate execution despite a pending appeal—usually for possession and accrued rents up to default.
If deposits are complete and current, execution for possession is typically stayed pending appeal, but money portions (if final) may still be executed in some scenarios—check the tenor of the judgment and subsequent orders.

C. Demolition specifics

Ask for a special order of demolition if not expressly included in the dispositive portion.
Show that structures prevent restitution and identify them clearly.
Where dwellings of the urban poor are involved, sheriffs will require UDHA coordination; factor this into timelines and logistics.

D. Third-party claims (Rule 39, third-party/terceria)

If the sheriff levies property claimed by a third person not a party to the case, that person may file a third-party claim.
Creditor may proceed by indemnity bond and contest in a separate action; be ready with proof of ownership (leases, titles, receipts).

E. Corporate/condo/homeowners disputes (HSAC)

HSAC decisions become final/executory after the lapse of the reglementary period (unless stayed).
For assessments/dues, execution often entails garnishment of association accounts receivable or levy on the member’s non-exempt property; for specific performance (e.g., turn-over of common areas), the writ will compel acts or enjoin violations.
Use suppletory Rule 39 tools: examination of the judgment obligor, subpoenas to banks/employers, and contempt for disobedience.

8) Timelines, clocks, and expiries

Appeal period (generally 15 days; shorter/longer where special rules apply).
Execution by motion: within 5 years from entry of judgment.
Execution by action (revival): within 10 years from finality (or from accrual where applicable).
Sheriff’s writ life: a writ must be implemented within 60 days from receipt; beyond that, seek an alias writ with updated computations.
Interest: State the rate (e.g., legal interest) and reckoning points (e.g., from judicial demand or finality, depending on the award).

9) Common defenses against execution—and how to counter

Motion to quash the writ
- Grounds: judgment is void (lack of jurisdiction), writ varies from the judgment, premature (not yet final; deposits current), already satisfied, supervening events (e.g., compromise, novation, destruction of subject property).
- Counter: demonstrate finality/executability, attach updated computations, and address variances by seeking a clarificatory/amended writ if needed.
Claim of UDHA protection
- Ground: occupants are urban poor; seek stay for humane procedures.
- Counter: agree to humane implementation while insisting on right to restitution; coordinate with LGU and secure sheriff’s plan.
Third-party claim
- Ground: levied property belongs to someone else.
- Counter: present ownership/possession proof of judgment debtor; consider an indemnity bond and file/defend the separate action.
Injunction/TRO from higher court
- Ground: grave abuse in the issuance/implementation of the writ.
- Counter: oppose certiorari; show regularity, due process, and compliance with UDHA and Rule 39.

10) Money judgments in housing disputes: practical collection

Start with banks and employers (garnishment). Identify accounts and payroll via subpoenas and post-judgment examination.
Levy on personalty (vehicles, equipment, receivables) before real property, unless the court orders otherwise.
Auction sale: ensure publication/posting requirements; credit bid if appropriate.
Keep a running satisfaction ledger and ask the sheriff to note partial satisfactions in returns.

11) Costs, deposits, and logistics

Sheriff’s fees and expenses (transport, labor, demolition equipment) are advanced by the movant and later taxed as costs.
Attach a budget estimate for complex demolitions; coordinate with PNP/LGU for peace and order, and with social workers if UDHA applies.
For condos/subdivisions, coordinate with the property manager for access control and utilities shut-off where lawful and ordered.

12) Ethical and professional considerations

No “self-help” dispossession. Always proceed through the writ and the sheriff; unilateral lock-outs or utility disconnections without court/HSAC authority risk liability.
Respect for due process and dignity of occupants, especially vulnerable groups; document every step.

13) Quick drafting checklist (copy-paste for your file)

□ Identify the forum (MTC/MeTC/MTCC, RTC, HSAC).
□ State judgment, date, and dispositive text.
□ Attach certificate of finality/entry or show immediate-execution basis (ejectment default on deposits).
□ Provide up-to-date computations (principal, rents, damages, legal interest, costs).
□ Ask for specific relief: restitution, garnishment, levy, demolition, examination of judgment obligor.
□ Include property identifiers (unit no., floor, metes and bounds).
□ Attach proof of service; propose order/writ drafts.
□ Sheriff’s deposit ready; logistics plan and, if applicable, UDHA coordination.
□ Proposed alias writ language if prior writ expired/insufficient.
□ Prayer for attorney’s fees and costs of execution where warranted.

14) Sample bare-bones Motion for Execution (structure)

[Case Title/Caption] MOTION FOR EXECUTION

On [date], this Honorable [Court/HSAC] rendered judgment the dispositive portion of which states: “$quote dispositive paragraph$”.

The judgment is final and executory as per Certificate of Finality dated [date] $attach$. (or) The judgment is immediately executory under Rule 70 because appellant defaulted in depositing current rentals for [months] as shown by $attach clerk’s/sheriff’s report$.

Amounts due as of [cut-off date] total ₱[amount] $computation attached$, with legal interest from [reckoning] until full satisfaction.

Relief sought: (a) issuance of a Writ of Execution commanding restitution of possession of $exact premises$; (b) garnishment/levy to satisfy money awards; (c) issuance of a Special Order of Demolition to remove $describe structures$ impeding restitution; and (d) examination of the judgment obligor under Rule 39.

Movant is prepared to advance sheriff’s fees and reasonable expenses subject to taxation as costs. PRAYER: Wherefore, premises considered, movant prays for the immediate issuance of the necessary writs and orders, and for such other reliefs as are just and equitable. $Date, Counsel, PTR/IBP/MCLE$

15) Strategy tips that win in practice

Front-load clarity. Ambiguous unit labels and boundaries are the #1 cause of stalled writs. Attach annotated plans and photos.
Keep a deposit ledger (ejectment appeals). A one-page table showing due dates, amounts due, and actual deposits makes or breaks immediate execution.
Coordinate early with the sheriff. Execution succeeds or fails on logistics. Book equipment, manpower, and security before the writ issues, not after.
Respect UDHA—but don’t surrender the writ. Press for execution while offering a realistic implementation plan that meets humane standards.
Document everything. Service, notices, site conditions, inventory of belongings, and the sheriff’s acts—anticipate certiorari challenges.
Refresh the writ. Don’t let the 60-day life of a writ lapse; calendar follow-ups and be ready with an alias writ.

Final word

Execution is a process, not an event. In housing cases—where possession, shelter, and community dynamics are at stake—precision in your motion, mastery of Rule 39 and Rule 70, and sensitive yet firm implementation are what convert paper victories into real-world relief.