Friday, April 4, 2014

Procedure for Execution

  1. If the execution be for the payment of money, the party obliged is allowed a period of five (5) days to make a voluntary payment, failing which, the Punong Barangay shall take possession of sufficient personal property located in the barangay, of the party obliged to satisfy the settlement or award from the proceeds of the sale thereof with legal interest such sale to be conducted in accordance with the procedure herein provided. If sufficient personal property exists, the party obliged is allowed to point out which of them shall be taken possession of ahead of the others. If personal property is not sufficient to satisfy the settlement or award, the deficiency shall be satisfied in accordance with the applicable provisions of the Rules of Court.
  2. If it be for the delivery or restitution of property located in the barangay, the punong barangay shall oust therefrom the person against whom the settlement or award is rendered and place the party entitled thereto in possession of such property.
  3. If it be for the delivery or restitution of property located in another barangay of the same city or municipality, the Punong Barangay issuing the notice shall authorize the punong barangay of the barangay where the property is situated to take possession of the property and to act in accordance with paragraph (b) Rule, KPR.
  4. If a settlement or award directs a party to execute a conveyance of land, or to deliver deeds or other documents, or to perform any other specific act, and the party fails to comply within the time specified, the Punong Barangay may direct the lupon secretary to perform the act at the cost of the disobedient party and the act when so done shall have like effects as if done by the party.

2 comments:

  1. Perfect master!! This what Im looking for since I am a newbie of politics. Hahahahhaha

    ReplyDelete