Short answer. If that third party files a sworn affidavit of title or right to possession with the sheriff and you, the sheriff need not keep or deliver the property to you unless you post a court-approved bond, not less than the property's value, to indemnify the third-party claimant.

What the law says

If the property taken is claimed by any person other than the party against whom the writ of replevin had been issued or his agent, and such person makes an affidavit of his title thereto, or right to the possession thereof, stating the grounds therefor, and serves such affidavit upon the sheriff while the latter has possession of the property and a copy thereof upon the applicant, the sheriff shall not be bound to keep the property under replevin or deliver it to the applicant unless the applicant or his agent, on demand of said sheriff, shall file a bond approved by the court to indemnify the third-party claimant in a sum not less than the value of the property under replevin as provided in section 2 hereof.

Rule 60, Section 7 — Proceedings where property claimed by third person. Read the full provision →

The third-party affidavit requirement

Rule 60, Section 7 lets someone outside the case — not the party against whom the writ was issued, and not that party's agent — assert a competing claim. The claimant must make an affidavit stating title or right to possession and the grounds for it, then serve it on the sheriff while the property is still in the sheriff's possession, with a copy served on you, the applicant.

The sheriff's obligation shifts once that affidavit is served

After proper service of the third-party affidavit, the sheriff is no longer bound to keep the property under replevin or deliver it to you. The only way to keep the sheriff holding or delivering the property is for you or your agent, on the sheriff's demand, to file a court-approved bond indemnifying the third-party claimant in an amount not less than the property's value.

Time limits, sheriff protection, and abuse of the process

Any disagreement over the property's value is decided by the court. Damage claims against that indemnity bond must be filed within one hundred twenty days of the bond's filing, and the sheriff is protected from liability to the claimant once the bond is filed. The claimant can still separately vindicate the claim, and you can pursue damages against a claimant who filed a frivolous or plainly spurious claim. A different, bond-free rule applies when the writ favors the Republic of the Philippines.

What happens if you decide not to post the bond

If you choose not to file the indemnity bond after the sheriff's demand, the practical result is that the sheriff keeps or returns the property to the third-party claimant rather than to you, since Section 7 removes the sheriff's obligation to hand it over absent that bond. This does not resolve who actually owns the property; it simply determines who holds it while the underlying ownership dispute is worked out, whether in the replevin case itself or in a separate action the claimant or you may later bring.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.