Replevin sec 4 5
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The document discusses the duties and responsibilities of a sheriff in executing a writ of replevin. It states that upon receiving a writ, the sheriff must serve copies on the adverse party and take possession of the claimed property, using force if needed to enter buildings. The sheriff must then securely keep the property and deliver it to the entitled party once fees are paid. The sheriff does not have discretion to decide jurisdiction and must act promptly, though also with propriety. The adverse party can require return of the property by filing a double-value bond, unless they object to the original bond's sufficiency.
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- The landlord must provide notice to heirs, representatives, or designees of the deceased tenant if seeking to remove personal property. The landlord is not liable if removing property for these authorized individuals.
- The lease held by the deceased tenant is transferred to their estate. The landlord cannot rent the property to others until terminating the lease, which requires following standard termination procedures. The estate remains responsible for rental payments due under the lease.Breach of trust 
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This document discusses the personal and criminal liability of trustees for breaches of trust, as well as available defenses. It begins by defining a breach of trust and outlining personal and proprietary remedies. It notes trustees can be personally liable and liable to return trust assets. Third parties who knowingly assist can also be constructive trustees. The document then examines the personal liability of trustees, covering compensation, personal (not vicarious) liability, liability for pre- and post-appointment breaches, and situations where the trustee is also a beneficiary. It also discusses criminal liability under Malaysian and English law. Finally, it lists defenses available to trustees, such as consent, acting reasonably and honestly, statutory protection, laches, and bankruptcy.RULE 39 Execution, Satisfaction and Effect of Judgments.pptx
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RULE 39 Execution, Satisfaction and Effect of Judgments
Section 5-9
Section 5 - Effect of reversal of executed judgment
The executed judgment is reversed totally or partially, or annulled, on appeal or otherwise, the trial court may, on motion, issue such orders of restitution or reparation of damages as equity and justice may warrant under the circumstances.
Section 6.油Execution by motion or by independent action
Final and Executory Judgment or Order
may be executed on motion within five (5) years from the date of its entry.
After the lapse of such time, a judgment may be enforced by action before it is barred by the statute of limitations.
Section 6.油Execution by motion or by independent action
The revived judgment
may also be executed on motion within five (5) years from the date of its entry.
After the lapse of such time, a judgment may be enforced by action before it is barred by the statute of limitations.
Section 7.油Execution in case of death of party
In case of the death of a party, execution may issue or be enforced in the following manner:
death of the judgment obligee - upon the application of his executor or administrator, or successor in interest
death of the judgment obligor - the judgment will be executed 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
Section 7.油Execution in case of death of party
In case of the death of a party, execution may issue or be enforced in the following manner:
the death of the judgment obligor - after execution is actually levied upon any of his property, same may be sold for the satisfaction of the judgment obligation, provided that the officer making the sale shall account to the corresponding executor or administrator for any surplus in his hands.
Section 8.油Issuance,油form and contents of a writ of execution
The writ of execution shall:
(1) issue in the name of the Republic of the Philippines from the court which granted the motion;
(2) state the name of the court, the case number and title, the dispositive part of the subject judgment or order; and
(3) require the sheriff or other proper officer to whom it is directed to enforce the writ according to its terms
Section 8.油Issuance,油form and contents of a writ of execution
Manner of executing writ:
If judgment against property of the judgment obligor out of real or personal property with interest
If against his real or personal property in the hands of the personal representatives, heirs, devisees, legatees, tenants, or trustees of the judgment obligor out of that property, with interest
If for sale of real or personal property to sell property, describing it and apply the proceeds in conformity with judgment.
Section 8.油Issuance,油form and contents of a writ of execution
Manner of executing writ:
If for delivery of possession of property deliver possession of the same to the party entitled to it, describing it, and to satisfy
Ad
Replevin sec 4 5
- 1. REPLEVIN Sections 4-5 By: Sharmine Ruiz y Ellazar
- 2. Section 4: Duty of the Sheriff Upon receiving such order, the sheriff must serve a copy thereof on the adverse party, together with a copy of the application affidavit and bond, and must forthwith take the property, if it be in the possession of the adverse party, or his agent, and retain it in his custody.
- 3. If the property or any part thereof be concealed in a building or enclosure, the sheriff must demand its delivery, and if it be not delivered, he must cause the building or enclosure to be broken open and take the property into his possession.
- 4. After the sheriff has taken possession of the property as herein provided, he must keep it in a secure place and shall be responsible for its delivery to the party entitled thereto upon receiving his fees and necessary expenses for taking and keeping the same
- 5. NBI vs Tuliao, 270 SCRA 351 A sheriffs prerogative does not give him the liberty to determine who among the parties is entitled to the possession of the attached property. He does not have any discretion to decide which agency has primary jurisdiction and authority over the matter at hand.
- 6. Balantes vs Buena, 242 SCRA, 1995 When a writ is placed in the hands of a sheriff, it is his duty, in the absence of any instructions to the contrary, to proceed with reasonable celerity and promptness to execute it according to its mandate.
- 7. Paat vs CA, 266 SCRA 167, 1997 The prompt implementation of a warrant of seizure is called only in instances where there is no question regarding the right of the plaintiff to the property. Where the plaintiff has shown by his own affidavit that he is entitled to the possession of the property, then the executing officer has no other recourse but to execute the warrant or writ expeditiously.
- 8. Borrnasal Jr. vs Montes, 280 SCRA 181, 1997 True, Sheriffs must comply with their mandated ministerial duty to implement writs promptly and expeditiously, but equally true is the principle that sheriffs by the nature of their functions must at all times conduct themselves with propriety and decorum and above suspicion. The sheriff is the front line representative of the judiciary and by his act he may build or destroy the inst
- 9. Section 5: Return of Property If the adverse party objects to the sufficiency of the applicants bond, or of the surety or sureties thereon, he cannot immediately require the return of the property, but if he does not so object, he may at any before the delivery of the property to the applicant , require the return thereof, by filing with the court where the action is pending a bond executed to the applicant,
- 10. in double the value of the property as stated in the applicants affidavit for the delivery thereof to the applicant, if such delivery be adjudged, and for the payment of such sum to him as may be recovered against the adverse party, and by serving a copy of such bond on the applicant.
- 11. If the sufficiency of the plaintiffs bond is objected to by the defendant, the latter cannot demand the return of the property upon counterbond.
Editor's Notes
- #9: There must be no room for anyone to conjecture that sheriffs and deputy sheriffs as officers of the court have conspired with any of the parties to a case to obtain a favorable judgment or immediate executeon.