How to Seek an Extension Before a Writ of Execution Is Issued in Philippine Small Claims Cases

This article is written for informational and educational purposes and does not constitute legal advice. Court practice can vary; always consult a licensed Philippine lawyer for guidance on your specific situation.

1. Background: Small Claims in the Philippines

Key Point	Current Rule
Governing rules	A.M. No. 08-8-7-SC, Revised Rules of Procedure for Small Claims Cases (latest significant revision : 2020, promulgated 24 Nov 2020; took effect 01 Feb 2021), supplemented by the Rules of Court where not inconsistent.
Monetary jurisdiction	Up to ₱400,000 (inclusive of interest and penalties) since 11 April 2022.
Nature of judgment	Final, executory, and unappealable on the date of receipt by the parties (Rule 12 §24, formerly §23).
Execution	The court may issue a writ of execution motu proprio or upon motion by the plaintiff on the same day the decision is rendered (Rule 12 §24).

Because small-claims judgments become immediately executory, the window for a losing party (the judgment debtor) to ask the court for breathing room is extremely narrow. The proper vehicle is not an appeal or a motion for reconsideration (both are prohibited), but a motion asking the court to defer or suspend the issuance of the writ of execution so the debtor can pay voluntarily—often called a “Motion for Extension of Time to Satisfy Judgment” or “Motion to Defer Issuance of Writ of Execution.”

2. Legal Foundations for a Court’s Discretion to Grant an Extension

Silence of the Small Claims Rules The Small Claims Rules do not expressly describe such a motion, but they do not forbid it either. Where the special rules are silent, Rule 1 §3 of the Rules of Court allows suppletory application of the ordinary rules “to promote the speedy, inexpensive, and just disposition of cases.”
Rule 39 (Execution) – Equitable Powers While Rule 39 technically governs execution after ordinary civil actions, courts routinely invoke its equitable provisions—e.g., §3 (“Stay of Execution”) and §23 (“Satisfaction of Judgment or Order”)—to justify short delays or installment schemes in special proceedings when fairness and voluntary satisfaction are better served than immediate levy or garnishment.
Inherent Powers of Courts Section 5(g), Rule 135 recognizes every court’s inherent power “to amend and control its process and orders so as to make them conformable to law and justice.”
Jurisprudence on “Equity over Technicality” Although no Supreme Court decision discusses small-claims extensions directly, cases such as Spouses Abaya v. Ebdane (G.R. 166379, 2010) affirm that execution may be stayed for compelling equitable reasons, especially where the debtor demonstrates good faith and a concrete plan to satisfy the judgment.

3. When and Why to File

Timing	Rationale
Immediately upon receipt of the decision (or at the latest, upon learning that the plaintiff has filed—or is about to file—a motion for execution).	Once the writ is issued, sheriffs’ fees accrue and property may be garnished. Early action shows good faith and avoids unnecessary enforcement costs for both sides.

Common practical reasons to request an extension:

Temporary cash-flow crunch (e.g., waiting for salary, commission, insurance proceeds, or loan approval).
Need to liquidate assets that cannot be sold overnight.
Negotiation of a compromise agreement or payment plan that benefits both parties.
Humanitarian grounds (medical emergency, calamity, pandemic-related setbacks).

4. Drafting the Motion: Form and Substance

A. Caption and Title

Use the same case title. Suggested title: “Motion to Defer Issuance of Writ of Execution and For Extension of Time to Satisfy Judgment.”

B. Required Allegations

Date of receipt of the decision (to show timeliness).

Acknowledgment of liability and unequivocal intent to pay.

Specific period requested (e.g., “an additional thirty (30) days”) or proposed installment schedule (e.g., “₱50,000 on or before 30 September 2025 and ₱50,000 on or before 31 October 2025”).

Concrete basis for the request (income documents, bank records, medical certificates, insurance claims, etc.).

Undertaking to pay sheriffs’ fees if execution eventually becomes necessary.

Prayer that the court hold in abeyance any writ until expiry of the requested period or until default under the proposed plan.

C. Supporting Papers

Affidavit of Merit – Facts showing inability to pay immediately and good faith.

Documentary Proof – Payslips, contracts, bank statements, medical bills, or a notarized Agreement to Pay signed by the parties (if settlement discussions have progressed).

Sheriff’s Certification (optional) stating no writ has been served yet.

Proof of Service – Personal service, registered mail, or accredited courier on the plaintiff.

5. Court Action and Possible Outcomes

Summary Hearing The small-claims court may conduct a brief oral hearing (often on the same day) to verify the debtor’s representations and hear the creditor’s position.
Grant Court Order specifies the period or installment terms and directs the clerk not to issue a writ unless the debtor defaults. Conditions may include a partial upfront payment or the posting of a bond equal to the judgment amount.
Partial Grant The court gives less time than requested or orders higher initial payment.
Denial Writ of execution issues immediately. The sheriff proceeds to levy/garnish.

6. If the Writ Has Already Been Issued

Even after issuance but before actual levy, you still have options:

Remedy	Ground	Rule Invoked
Motion to Quash Writ	The judgment has been satisfied or superseded by compromise; writ varies from the judgment; writ issued without authority.	Rule 39 §3
Motion to Recall / Suspend Levy	Voluntary full or partial satisfaction tendered; parties reach settlement while sheriff is on the way.	Inherent powers; Rule 39 §23
Petition for Certiorari (Rule 65)	Grave abuse of discretion (rare; only if the judge’s denial of extension is capricious).	SC jurisdiction

Important : Certiorari does not stay execution unless the appellate court issues a TRO. This is costly and time-sensitive.

7. Practical Tips for Judgment Debtors

Act fast – File the motion within 24–48 hours of receiving the decision.
Pay something up front – Even a token partial payment shows sincerity.
Come with evidence – Bring pay slips, contracts, or sworn statements—not mere excuses.
Propose clear milestones – Courts dislike vague promises; put calendar dates and amounts.
Communicate with the creditor – A joint motion or consent manifested in open court almost guarantees approval.
Expect one shot – Courts rarely grant successive extensions unless circumstances truly change.

8. Considerations for Judgment Creditors

Oppose selectively – An extension that results in voluntary payment may be faster and cheaper than forced execution.
Ask for safeguards – Upfront partial payment, post-dated checks, or surety bond.
Be present at the hearing – Silence may be construed as consent.

9. Sample Skeleton Motion (Essential Parts)

REPUBLIC OF THE PHILIPPINES
Regional Trial Court, Branch ___
City/Municipality of ________

SMALL CLAIMS CASE NO. ___

JUAN DELA CRUZ,                       Plaintiff,
       – versus –
PEDRO SANTOS,                         Defendant.

MOTION TO DEFER ISSUANCE OF WRIT OF EXECUTION
AND FOR EXTENSION OF TIME TO SATISFY JUDGMENT

DEFENDANT, by counsel, respectfully states:

1.  On 29 July 2025, this Honorable Court rendered judgment ordering Defendant
    to pay Plaintiff the sum of ₱100,000.00, plus costs.

2.  Defendant received a copy of the decision on 1 August 2025.

3.  Defendant acknowledges the obligation and is fully committed to satisfy
    the judgment. However, due to an unforeseen hospitalization of his minor
    child (See Annex “A”), he cannot tender the full amount immediately.

4.  Defendant proposes the following schedule:
    • ₱50,000.00 on or before **30 September 2025**; and
    • ₱50,000.00 on or before **31 October 2025**.

5.  Defendant is willing to issue post-dated checks and undertakes to pay
    sheriffs’ fees should execution become necessary.

WHEREFORE, Defendant prays that this Court:

a)  DEFER the issuance of a writ of execution for sixty (60) days;
b)  APPROVE the above payment schedule; and
c)  DIRECT the Clerk of Court to issue a writ only upon Defendant’s default.

Other reliefs just and equitable are likewise prayed for.

City of _____, Philippines, 3 August 2025.

                                  Respectfully submitted,
                                  [Signature & Counsel’s details]

10. Ethical and Policy Considerations

Judicial Efficiency vs. Compassion – The raison d’être of small-claims procedure is swift justice; extensions are thus the exception, not the rule.
Access to Justice – Short, tailored extensions can prevent otherwise solvent individuals from being pushed into insolvency, aligning with the constitutional policy of social justice.
Sheriffs’ Workload – Voluntary compliance frees court resources for truly in-tractable cases.

11. Conclusion

While the Small Claims Rules emphasize speedy and final relief, they do not strip courts of equitable discretion. A well-grounded Motion to Defer Issuance of Writ of Execution—filed promptly, supported by evidence, and, ideally, consented to by the creditor—can win a debtor the short reprieve needed to pay voluntarily. Conversely, creditors retain the right to insist on immediate execution when delay would frustrate justice. Both sides are best served by balancing efficiency with fairness, using extension only where it genuinely promotes the ultimate goal of prompt satisfaction of legitimate claims.

Further Reading

A.M. No. 08-8-7-SC (as amended 2020)
Rule 39 and Rule 135 of the 2019 Amendments to the Rules of Civil Procedure
Spouses Abaya v. Ebdane, G.R. No. 166379, 15 June 2010
Article 2028, Civil Code of the Philippines (Compromise)

Always check for the latest circulars and local court issuances before drafting your motion.