Text of the provision
Sec. 7. Execution in case of death of party. — In case of the death of a party, execution may issue or be enforced in following manner: (a) In case of the death of the judgment obligee, upon the application of his executor or administrator, or successor in interest; (b) In case of the death of the judgment obligor, against his executor or administrator or successor in interest, if the judgment be for the recovery of real or personal property, or the enforcement of a lien thereon; (c) In case of the death of the judgment obligor, after execution is actually levied upon any of his property, the same may be sold for the satisfaction of the judgment obligation, and the officer making the sale shall account to the corresponding executor or administrator for any surplus in his hands.
2019 Rules of Civil Procedure (A.M. No. 19-10-20-SC), Rule 39, Section 7. Reproduced verbatim and verified word-for-word against the Supreme Court's official text and the ChanRobles rendering.
About this section
This is Section 7 of Rule 39 (Execution, Satisfaction And Effect Of Judgments) of the 2019 Rules of Civil Procedure, the rules promulgated by the Supreme Court in A.M. No. 19-10-20-SC and in force since May 1, 2020. The text above is reproduced verbatim from the current rules.
Related provisions
- Section 6 — Execution by motion or by independent action.
- Section 8 — Issuance, form and contents of a writ of execution.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.