Rule 39, Section 8 — Issuance, form and contents of a writ of execution

Text of the provision

Sec. 8. Issuance, form and contents of a writ of execution. — The writ of execution shall: issue in the name of the Republic of the Philippines from the court which granted the motion; state the name of the court, the case number and title, the dispositive part of the subject judgment or order; and require the sheriff or other proper officer to whom it is directed to enforce the writ according to its terms, in the manner hereinafter provided: (a) If the execution be against the property of the judgment obligor, to satisfy the judgment, with interest, out of the real or personal property of such judgment obligor; (b) If it be against real or personal property in the hands of personal representatives, heirs, devisees, legatees, tenants, or trustees of the judgment obligor, to satisfy the judgment, with interest, out of such property; (c) If it be for the sale of real or personal property, to sell such property, describing it, and apply the proceeds in conformity with the judgment, the material parts of which shall be recited in the writ of execution; (d) If it be for the delivery of the possession of real or personal property, to deliver the possession of the same, describing it, to the party entitled thereto, and to satisfy any costs, damages, rents, or profits covered by the judgment out of the personal property of the person against whom it was rendered, and if sufficient personal property cannot be found, then out of the real property; and (e) In all cases, the writ of execution shall specifically state the amount of the interest, costs, damages, rents, or profits due as of the date of the issuance of the writ, aside from the principal obligation under the judgment. For this purpose, the motion for execution shall specify the amounts of the foregoing reliefs sought by the movant.

2019 Rules of Civil Procedure (A.M. No. 19-10-20-SC), Rule 39, Section 8. Reproduced verbatim and verified word-for-word against the Supreme Court's official text and the ChanRobles rendering.