How to Enforce a Judgment and Collect Damages After Winning a Case (Philippines)

This guide explains, end-to-end, how to turn a Philippine court judgment into actual payment or compliance. It’s general information—not a substitute for advice from your counsel.

1) When is a judgment enforceable?

Final and executory: A judgment becomes enforceable when no appeal, motion for reconsideration/new trial, or other stay remains available and the period to file them has lapsed.
- Usual appeal period: 15 days from receipt of judgment (30 if a record on appeal is required). A timely motion for reconsideration or new trial interrupts the period; a new 15-day period typically runs from receipt of the order denying it.
Entry of Judgment: The clerk issues an Entry of Judgment once finality is recorded. Many clerks/sheriffs will ask for a certified copy when you apply for a writ.

Practical tip: Keep proof of the dates your side (and the other side) received the judgment or denial order—they anchor finality and cure arguments about prematurity.

2) The core tool: Writ of Execution (Rule 39)

Once the judgment is final, you ask the court that decided the case to issue a Writ of Execution.

How to apply

Motion for Issuance of Writ of Execution (no need for a hearing if the court so allows; some courts still set one).
Attach: judgment/decision, Entry of Judgment, proof of finality, and computation of amounts due (principal, interests, costs, attorney’s fees if awarded).
Sheriff’s deposit: Be ready to advance sheriff’s fees and actual expenses (travel, notices, publication)—they’re later taxed as costs against the debtor.

What the writ commands (money judgments)

Immediate payment on demand by the sheriff.
If unpaid, the sheriff proceeds to levy on the debtor’s non-exempt property (movables first; if insufficient, immovables).
Garnishment of debts/credits due the debtor from third persons (e.g., bank deposits, receivables, rentals) by serving the writ and a notice on the garnishee.
Sale at public auction of levied property; proceeds satisfy the writ (principal → interest → costs). A certificate of sale issues; for real property, the debtor (and redemptioners) typically has 1 year to redeem from the date of registration of the sale.

Non-money judgments

Specific acts: sheriff enforces delivery of a deed, removal of structures, turnover of personal property, delivery of possession of real property, etc. Disobedience can be punished as indirect contempt.
Alternative/Third-party performance: If the debtor fails to perform, the court may authorize the creditor or a third person to do the act at the debtor’s cost.

Alias writs

If the first writ expires (a writ is usually returnable within a limited period, commonly 60 days from receipt by the sheriff) and the judgment remains unsatisfied, you may move for an alias writ until fully satisfied, subject to time limits (see §9 below).

3) The five essential sheriff tools (and how they actually play out)

Demand & Voluntary Compliance
- Sheriff serves the writ and demands payment or performance. Debtors sometimes settle immediately to avoid levy.
Levy on Personal Property
- Sheriff lists and tags movable assets (vehicles, equipment, inventory). Some assets require specialized handling (e.g., motor vehicles—check LTO records; ships—MARINA; shares—corporate secretary).
Levy on Real Property
- Sheriff files a Notice of Levy with the Registry of Deeds where the property is located and serves the debtor. The levy becomes a lien; sale follows with proper notice and publication.
Garnishment
- Sheriff serves the writ and notice of garnishment on garnishees (e.g., banks, tenants, account debtors, employers).
- Upon service, the garnishee holds the funds/credits and must report/turn over as directed by the court.
- Bank deposits are generally subject to garnishment pursuant to a valid writ; special laws may protect specific deposits (e.g., Special Investors Resident Visa or trust funds) but ordinary deposits are not per se immune simply because of bank secrecy. Coordinate closely with the sheriff and court on compliance mechanics.
Examination of Judgment Debtor and Third Persons (Post-Judgment Discovery)
- You may move to examine the debtor under oath regarding assets, income, bank accounts, receivables, and property holdings.
- The court may also examine third persons who hold the debtor’s property or owe debts to the debtor (customers, brokers, banks).
- Non-compliance can be penalized by contempt; the court can issue orders to apply discovered assets to the judgment.

4) Interest, costs, and computations

Legal interest: As a rule, 6% per annum is applied to monetary awards in judgments, typically from finality until full satisfaction; depending on the nature of the claim (loan/forbearance vs. damages), pre-judgment interest may also apply from a specified date.
How payments are imputed: Unless the judgment states otherwise, payments go in this order—interest first, then principal, then costs.
Costs & Sheriff’s expenses: Your advances for levy, publication, and sale are recoverable as costs of execution; submit proofs for taxation.

Pro move: File a detailed running computation with your motion and update it before and after every partial recovery to avoid disputes and speed up sheriff returns.

5) Property exempt from execution

Generally exempt:

Family home (subject to legal limits/exceptions—e.g., debts for its construction, real property taxes, or prior liens).
Ordinary tools of trade, necessary clothing, modest household furnishings.
Certain support, pensions, and life insurance proceeds (subject to statutory carve-outs).
A portion of wages/salaries necessary for family support (courts often allow partial garnishment, especially for support obligations).

Exemptions are not automatic; the debtor must usually claim them, but sheriffs also avoid obviously exempt items.

6) Third-party claims (Terceria)

If the sheriff levies property that a third person claims as theirs (not the debtor’s), that person may file an affidavit of third-party claim with the sheriff and the court.

The levy pauses unless you (the creditor) post an indemnity bond; the third party may then sue for ownership and damages.
Always verify ownership (e.g., OR/CR for vehicles, TCT/CCT for land/condo, invoices for equipment) before insisting on a levy.

7) Special debtors and special rules

Government & Government Funds: As a rule, no execution or garnishment issues against the State, its agencies, and LGUs to satisfy money judgments. Satisfaction is through claims/settlement processes (e.g., Commission on Audit), or through appropriations. GOCCs with charters “sue and be sued” may be treated differently depending on the nature of the funds.
Debtors under court-approved rehabilitation or insolvency (FRIA): A Stay Order suspends enforcement while rehabilitation is pending. Coordinate with the rehabilitation court; your claim may be admitted and paid per the plan.
Support judgments: Courts routinely garnish salaries and order automatic periodic payments; disobedience risks contempt.
Criminal cases (civil liability): Civil awards in criminal cases are enforceable by execution like civil judgments. Probation or parole does not erase civil liability.

8) Time limits: 5-Year Motion / 10-Year Action Rule

You may execute by motion within 5 years from the date the judgment becomes final.
After 5 years but before 10 years, you must file an independent action to revive the judgment; once revived, you can again execute by motion.
After 10 years, the judgment prescribes and can no longer be enforced (save for narrowly defined exceptions not typically applicable).

9) Execution pending appeal (discretionary & exceptional)

Courts may, for good reasons stated in a special order, allow execution pending appeal (e.g., perishable goods, danger of dissipation). This is exceptional; the debtor may seek a stay by posting a supersedeas bond. Use sparingly—expect appellate scrutiny.

10) Foreign judgments and arbitral awards

Foreign court judgments: File a petition for recognition and enforcement. A foreign judgment is presumptive evidence of a right but remains open to attacks on jurisdiction, due process, public policy, or fraud. Once recognized, enforce as a local judgment.
Arbitration awards: Domestic awards are confirmed under the ADR law/rules; foreign awards may be recognized/enforced under the New York Convention via petition, then executed like a judgment.

11) Practical asset-finding playbook

Paper trail: Check the case record for exhibits listing assets, bank accounts, contracts, or tax records.
Registries: Land titles (Registry of Deeds), vehicles (LTO), vessels (MARINA), IP (IPOPHL), business names (DTI), corporations (SEC).
Counterparties: Identify garnishees—employers, tenants, distributors, customers, payment processors, insurers.
Post-judgment exam: Move for debtor and third-party examinations; subpoena books, bank certs, ledgers.
In aid of execution: Ask for asset freeze orders as appropriate (e.g., to secure proceeds pending sale), or for the appointment of a special sheriff when logistics are complex.

12) Common defenses—and how to counter

Motion to quash the writ/levy: Ensure the writ tracks the judgment and your arithmetic is clean.
Claims of exemption: Demand proof; courts may allow partial levy/garnishment if only some portion is exempt.
Third-party ownership: Consider posting the indemnity bond if you’re confident; otherwise pivot to other assets to avoid delay.
Forum arguments (wrong court/sheriff): The issuing court can enforce nationwide; it may deputize local sheriffs where the property is located.

13) Settlement leverage

Even at execution, settlement is common:

Propose structured, court-supervised payment plans with automatic garnishment and confession of judgment on default for any balance.
Consider consignation into court by the debtor; you may accept partial consignations without waiving your rights to the balance.

14) Step-by-step checklists

A. Money Judgment (standard path)

Confirm finality; secure Entry of Judgment.
Draft Motion for Writ of Execution with updated computation (principal, interests, costs).
Prepare to advance sheriff’s expenses.
Coordinate with sheriff on targets: garnishees, properties, schedule.
Serve writ → demand → levy/garnish.
Conduct post-judgment exams as needed.
Auction sale; apply proceeds; get sheriff’s return.
If unsatisfied, seek alias writ and repeat until paid.

B. Delivery of Property / Ejectment

Writ of demolition/delivery/possession as applicable.
Ensure notice periods and coordination with LGU/PNP if demolition is involved.
Sheriff turns over possession; court resolves incidental resistance or contempt.

C. After 5 years (but <10) data-preserve-html-node="true"

File Complaint/Petition to Revive Judgment (attach certified judgment & entry; allege non-payment).
Upon revival judgment: move for writ of execution.

15) Drafting aids (plain-language skeletons)

Motion for Issuance of Writ of Execution (Money Judgment)

Title/Case No.
Intro: Judgment became final on [date]; Entry of Judgment dated [date].
Amounts: Principal ₱; legal interest (6% p.a.) from [date] to [date] ₱; costs/fees ₱___.
Prayer: Issue writ; authorize levy and garnishment; set post-judgment exam of debtor; approve sheriff’s expense schedule; order garnishees to report within [x] days.

Garnishment Notice (to Garnishee) – Key Points

Identify the case, the debtor, and the amount due.
Direct the garnishee to hold and not disburse funds/credits of the debtor up to ₱___.
Require a written disclosure of the debtor’s accounts/credits within [x] days and remittance as the court directs.

Sheriff’s Return – What to Check

Dates of service, whom served, outcomes of demands, levies made, properties garnished, auction details, amounts collected, costs incurred.

16) Ethical and tactical considerations

Don’t over-levy: Target assets proportionate to the debt; courts frown on oppressive execution.
Keep a clean paper trail: Courts act faster when your numbers and notices are meticulous.
Mind third parties: Protect innocent counterparties; clear instructions reduce resistance and contempt skirmishes.
Stay within data privacy/bank secrecy bounds: Use court processes (examinations, subpoenas) to compel disclosures.

17) Quick FAQs

Q: Can I garnish the debtor’s salary? A: Often yes, partially. Courts balance the debtor’s and family’s support needs; full take-home pay is rarely garnished, but consistent slices are common.

Q: Can I execute against the family home? A: Generally no, unless the debt falls under statutory exceptions (e.g., its own purchase/construction debt, taxes, prior liens).

Q: The debtor moved assets after the case. What now? A: Seek post-judgment examination, levy the transferee’s hands if the transfer is voidable, and consider a separate action for rescission/fraudulent conveyance.

Q: The first writ didn’t collect enough. A: Ask for an alias writ and redirect to other assets/garnishees. You have up to 5 years by motion, then revive within 10.

18) Document bundle to prepare

Judgment & Entry of Judgment (certified).
Updated computation (principal/interest/costs).
Draft writ and sheriff coordination memo (targets, addresses, registries).
Notices: Levy, sale, garnishment; publication drafts.
Motions: Post-judgment examinations; alias writ; approval of sheriff expenses; contempt as needed.
Proofs: Service, publications, sheriff receipts; sale returns; certificates of sale.

19) Bottom line

Winning the case is half the battle. Enforcing the judgment means driving a disciplined process: (1) secure finality and a writ, (2) intelligently garnish and levy, (3) examine the debtor and third parties, (4) sell and collect, and (5) repeat via alias writs—within the 5-/10-year windows—until fully paid. With a tight paper trail and proactive coordination with the court and sheriff, Philippine judgments can and do translate into real recovery.