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Monday, April 5, 2010

Rule 39


RULE 39
EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS
(1997 Rules of Civil Procedures- Philippines)

Sec. 13. Property exempt from execution. 
 
Except as otherwise expressly provided by law, the following property, and no other, shall be exempt from execution: 
 
(a) The judgment obligor's family home as provided by law, or the homestead in which he resides, and land necessarily used in connection therewith;

(b) Ordinary tools and implements personally used by him in hs trade, employment, or livelihood;

(c) Three horses, or three cows, or three carabaos, or other beasts of burden such as the judgment obligor may select necessarily used by him in his ordinary occupation;

(d) His necessary clothing and articles for ordinary personal use, excluding jewelry;

(e) Household furniture and utensils necessary for housekeeping, and used for that purpose by the judgment obligor and his family, such as the judgment obligor may select, of a value not exceeding one hundred thousand pesos;

(f) Provisions for individual or family use sufficient for four months;

(g) The professional libraries and equipment of judges, lawyers, physicians, pharmacists, dentists, engineers, surveyors, clergymen, teachers, and other professionals, not exceeding three hundred thousand pesos in value;

(h) One fishing boat and accessories not exceeding the total value of one hundred thousand pesos owned by a fisherman and by the lawful use of which he earns his livelihood;

(i) So much of the salaries, wages, or earnings of the judgment obligor of his personal services within the four months preceding the levy as are necessary for the support of his family;

(j) Lettered gravestones;

(k) Monies benefits, privileges, or annuities accruing or in any manner growing out of any life insurance;

(l) The right to receive legal support, or money or property obtained as such support, or any pension or gratuity from the Government;

(m) Properties specially exempt by law. 
 
But no article or species of property mentioned in his section shall be exempt from execution issued upon a judgment recovered for its price or upon a judgment of foreclosure of a mortgage thereon.

2 comments:

InstantMommy said...

thanks mommy rose for sharing this. i'm babytintin from the diskarte forum.

i shared this to my husband. rami na niya ring pinapayuhan about credit card problems. ☺

ms. hopeful said...

hi tintin,

ur welcome, thanks too for following my blog.

GOD bless