A Comprehensive Guide to Acquiring a Copy of a Writ of Execution in the Philippines
Disclaimer: This material is for general information only and does not constitute legal advice. Court practices can vary, and fees or documentary requirements change from time to time. Always verify with the issuing court or consult counsel for your specific situation.
1. What Is a Writ of Execution?
A writ of execution is a court order directing the sheriff or other proper officer to enforce a final and executory judgment by levying on property, garnishing funds, or otherwise compelling compliance.
- Governing rule: Rule 39 of the Rules of Court, especially §§1, 4–20.
- When available: Once a judgment has become final and executory (i.e., no appeal, or the reglementary period to appeal has lapsed, or the judgment is otherwise immediately enforceable by law).
2. Why You Might Need a Copy
| Purpose | Typical Requestor | Notes |
|---|---|---|
| Enforcement (levy, garnishment, demolition, etc.) | Winning party, sheriff | The original is served on the sheriff; parties often need certified copies for banks, registries, PNP, etc. |
| Third-party compliance (e.g., bank, employer) | Garnishee | Must verify the writ’s authenticity before freezing assets or withholding salary. |
| Appeals and collateral proceedings | Losing party | To challenge improper execution (e.g., petition for certiorari). |
| Record-keeping, due diligence | Buyers, creditors | To check for encumbrances or pending levies on property. |
3. Legal Bases for Public Access
- Constitutional right to information (Art. III, §7) – qualified by the Court’s power to regulate its own records.
- Rule 136, §7 – court records are public unless sealed.
- OCA Circulars (e.g., OCA Circ. 113-2004; 121-2012) – standard fees for certified copies; security paper (yellow/blue) requirements.
- Data Privacy Act (RA 10173) – personal data must be redacted if not material to the judgment.
- National Archives Act (RA 9470) – long-term preservation rules; retrieval from archives if the case is closed and remanded.
4. Where to Request the Copy
| Issuing Entity | Forum of Original Case | Office to Approach |
|---|---|---|
| Clerk of Court (RTC, MTC, MeTC, MCTC) | Regular courts (civil, criminal, special proceedings) | Office of the Clerk of Court (OCC); if the case originated in a branch court, the records stay with that branch until archived. |
| Sheriff’s Office | Same | Has the “original” writ with returns stamped; may provide photocopy but not a certified true copy (CTC). |
| ECourt/eJudiciary system | Pilot NCR, Cebu, Davao courts | Request via eCourt kiosk, pay online; clerk prints on security paper. |
| Quasi-judicial tribunals (NLRC, CTA, HLURB-DHSUD, DARAB, etc.) | Labor, tax, housing, agrarian cases | Secretariat or Records Section of the tribunal; rules mirror Rule 39 but with their own fee schedules. |
| Appellate courts (CA, CTA-EB, SC) | If writ issued upon remand | Most writs are issued by trial courts even after appeal; if appellate court issued, go to appellate Clerk of Court. |
5. Who May Request
| Scenario | ID/Authority Needed |
|---|---|
| Party of record (counsel or litigant) | Government-issued ID; proof of appearance (e.g., Integrated Bar of the Philippines ID for counsel); SPA if representative. |
| Sheriff or deputy | Office ID; no fee if for official service. |
| Third party (bank, employer, buyer) | Letter-request citing legitimate interest; sometimes notarized. Clerk may require court order if the record is sealed. |
6. Step-by-Step Procedure (Trial Courts)
Determine Case Details
- Case number, branch, title, and date the writ was issued.
- Locate the docket: many RTCs post docket indices; older records may be archived and need retrieval (1–3 days).
Prepare Documentary Requirements
- Valid government ID.
- Request Letter or Form (some courts have a pro-forma “Request for Copy of Court Record”).
- Proof of Interest (SPA, board resolution, or subpoena, as applicable).
Pay the Fees (per A.M. 04-2-04-SC, as amended):
- Certification fee: ₱100 for the first 3 pages + ₱2 per additional page.
- Certification of Non-Forum Shopping (if needed): ₱300.
- Copying fee: ₱2 per page ordinary paper or ₱3 per page on security paper.
- Official Receipt (OR) – keep the duplicate for follow-up.
Processing Time
- Same-day for records on-hand (simple 1–5-page writ).
- 1–5 working days if retrieval from archives is required.
- Longer if the record is in a sealed envelope or part of bulk exhibits (court must re-seal).
Release
Clerk stamps “CERTIFIED TRUE COPY” with wet signature, dry seal, and security features (per SC Admin Circular 44-2015 on document security).
Double-check that the writ bears:
- Case title and number
- Date of issuance
- Direction to sheriff (levy, garnishment, demolition, etc.)
- Amounts (if money judgment)
- Judge’s or clerk’s signature
Optional: Electronic Copy
- Some eCourts generate a PDF with QR code; requestor still pays the certification fee and receives an emailed link valid for 72 hours.
- Electronic copies are accepted by many banks and government agencies, but you may still need one paper CTC.
7. Special Situations
| Situation | Key Points |
|---|---|
| Multiple Writs (partial satisfaction + alias writ) | After a return without full satisfaction, judgment creditor may move for alias writ (§9, Rule 39); each writ has a unique date—request the correct one. |
| Stay of Execution | Pending motion to quash or injunction, the clerk may annotate “stayed” on the writ; third parties should ask for the latest status. |
| Replevin & Possession Cases | Writs of possession (Rule 67) and writs in replevin actions follow similar acquisition steps but are filed under different docket fees—mention the specific writ when requesting. |
| Sheriff’s Return | Technically distinct from the writ; parties often request CTC of the return to prove satisfaction or to prove malfeasance. Same fee schedule applies. |
| Appeals to the CA/Supreme Court | A writ issued while the case is on appeal is rare; more often, a “Entry of Judgment” and an alias writ are issued after remand. Get copies of both. |
| Small Claims, Barangay Enforcement | Small claims decisions are immediately executory; request copies from MTC clerk. Barangay lupon decisions are enforced by MTC through execution—writ issued by MTC. |
8. Practical Tips & Pitfalls
- Bring exact change—cashiers often require it.
- Photocopy your OR before leaving; it is your proof for follow-ups.
- Check spelling of names and amounts; clerks will not re-issue unless motioned.
- Mind the queue—some courts have cut-off times (e.g., payment by 2:30 PM).
- Digitize immediately—scan your copy; seals fade and the paper discolors.
- Beware of fixers—all requests go through the OCC cashier; third-party runners must carry SPA.
- Sensitive data—for writs involving minors, the clerk may redact personal details under AM 04-04-01-SC (Rule on Children in Conflict with the Law).
9. Costs & Time at a Glance (Typical RTC, 5-page Writ)
| Item | Fee (₱) | Time |
|---|---|---|
| Certification fee (first 3 pages) | 100 | |
| Copying (5 pages @ ₱3) | 15 | |
| Documentary stamps (occasionally required) | 30 | |
| Total | ₱ 145 | ½ day to 3 days |
10. Frequently Asked Questions
Can I request by mail or courier? Yes, enclose a money order or pay via GCash/PayMaya if the court offers e-payment, and include a prepaid return envelope.
Is the writ covered by the Freedom of Information (FOI) executive order? Judicial documents are exempt from EO 2 (2016); access is governed solely by the Supreme Court.
Do I need the judge’s approval? Only if the record is sealed, involves trade secrets, or is protected by special laws (e.g., Anti-VAWC cases).
Will a photocopy suffice? For most enforcement actions, government offices insist on a certified copy; banks may accept electronic copies with QR code.
What if the clerk refuses? File a written request citing Rule 136, §7; escalate to the Executive Judge or write to the Office of the Court Administrator.
11. Conclusion
Obtaining a certified true copy of a writ of execution in the Philippines is straightforward once you know where to file the request, which fees to pay, and what documents to present. The Rules of Court guarantee reasonable public access, but the Supreme Court—and each individual clerk’s office—sets the mechanics. Prepare complete details, budget ₱150–₱300, and allocate at least half a day for simple requests. For complex or archived cases, enlist counsel or coordinate closely with the clerk’s staff to avoid delays.
Need help acting on the writ or contesting execution? Consider consulting a licensed Philippine lawyer for personalized guidance tailored to your facts.