Take or leave several ten million (the music video is below this post)

Nicolas Poussin. “Baby Moses Trampling on the Pharaoh’s Crown”. 1645. Oil on canvas. Duke of Bedford collection, Woburn Abbey. Right-clicked from www.abcgallery.com

It’s very ordinary. The enforcement of the writ of execution in People vs. Estrada; the civil indemnity. It’s so boring it was never subject of much discussion. Anyway, if you want to fall asleep, I quoted the rules here.

The civil indemnity based on the Sandiganbayan decision is as follows:

quote “the Court hereby declares the forfeiture in favor of the government of the following:

quote “(1) The total amount of Five Hundred Forty Two Million Seven Hundred Ninety One Thousand Pesos (P545,291,000.00), with interest and income earned, inclusive of the amount of Two Hundred Million Pesos (P200,000,000.00), deposited in the name and account of the Erap Muslim Youth Foundation.

quote “(2) The amount of One Hundred Eighty Nine Million Pesos (P189,000,000.00), inclusive of interests and income earned, deposited in the Jose Velarde account.

quote (3) The real property consisting of a house and lot dubbed as “Boracay Mansion” located at #100 11th Street, New Manila, Quezon City.” closed-quote.

That means that the cash-form of the civil indemnity is: P545,291,000.oo plus P189,000,000.oo (although as i recall this is P189.7 million. Anyway). The total cash civil indemnity is P734,291,000.oo. Subtract the P200 million that is readily attachable in the Erap-Muslim Youth Foundation; and the judgment- obligor here has to put together P534,291,000.oo to complete the satisfaction of the judgment.

Here are the pertinent provisions of the Rules of Court on execution of judgment (here I go again, invoking the rules of court, what else is there to invoke, on something ordinary. Last night on ANC I said something of-the-moment like: the rules of court cannot change the world. Here, we’re not trying to change the world, we’re just executing a writ. Okay, you’re gonna say, don’t delude yourselves thinking this had been an ordinary case. Ok. The prosecution lawyers went into this with eyes wide open. We’re just finishing what we started. We’re using the available rules.)

The rules of court state that any judgment for money shall be enforced by the officer (the sheriff) demanding from the judgment obligor; it shall be paid in cash or check; if it cannot be paid, the officer (sheriff) shall levy upon “properties of the judgment obligor of every kind and nature” giving the judgment obligor the option to choose which properties may be levied upon.

Here are the provisions verbatim. They’re really boring and very ordinary. (Now, if the argument is: when those moneys are put in the National Treasury they will just be pocketed by public officials, that’s another case.)

RULE 39. EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS

Section 1. Execution upon judgments or final orders.
Execution shall issue as a matter of right, on motion, upon a judgment or order that disposes of the action or proceeding upon the expiration of the period to appeal therefrom if no appeal has been duly perfected. If the appeal has been duly perfected and finally resolved, the execution may forthwith be applied for in the court of origin, on motion of the judgment obligee, submitting therewith certified true copies of the judgment or judgments or final order or orders sought to be enforced and of the entry thereof, with notice to the adverse party. The appellate court may, on motion in the same case, when the interest of justice so requires, direct the court of origin to issue the writ of execution. XXX

Sec. 9. Execution of judgments for money, how enforced.
(a) Immediate payment on demand. – The officer shall enforce an execution of a judgment for money by demanding from the judgment obligor the immediate payment of the full amount stated in the writ of execution and all lawful fees. The judgment obligor shall pay in cash, certified bank check payable to the judgment obligee or his authorized representative if present at the time of payment. The lawful fees shall be handed under proper receipt to the executing sheriff who shall turn over the said amount within the same day to the clerk of court of the court that issued the writ. If the judgment obligee or his authorized representative is not present to receive payment, the judgment obligor shall deliver the aforesaid payment to the executing sheriff. The latter shall turn over all the amounts coming into his possesssion within the same day to the clerk of court of the court that issued the writ, or if

Edouard Manet. “The Road-Menders, Rue de Berne”. 1878. Oil on canvas. Private collection. Right-clicked from www.abcgallery.com

 

the same is not practicable, deposit said amount to a fiduciary account in the nearest government depository bank of the Regional Trial Court of the locality. The clerk of court shall thereafter arrange for the remittance of the deposit to the account of the court that issued the writ whose clerk of court shall then deliver said payment to the judgment obligee in satisfactionn of the judgmen. The excess, if any, shall be delivered to the judgment obligor while the lawful fees shall be retained by the clerk of court for disposition as provided by law. In no case shall the executing sheriff demand that any payment by check be made payable to him. (b) Satisfaction by levy. – If the judgment obligor cannot pay all or part of the obligation in cash, certified bank check or other mode of payment acceptable to the judgment obligee, the officer shall levy upon the properties of the judgment obligor of every kind and nature whatsoever which may be disposed of for value and not otherwise exempt from execution giving the latter the option to immediately choose which property or part thereof may be levied upon, sufficient to satisfy the judgment. If the judgment obligor does not exercise the option, the officer shall first levy on the personal properties, if any, an then on the real properties if the personal properties are insufficient to answer for the judgment. The sheriff shall sell only a sufficient portion of the personal or real property of the judgment obligor which has been levied upon. When there is more property of the judgment obligor than is sufficient to satisfy the judgment and lawful fees, he must sell only so much of the personal or real property as is sufficient to satisfy the judgment and lawful fees. Real property, stocks, shares, debts, credits, and other personal property, or any interest in either real or personal property, may be levied upon in like manner and with like effect as under a writ of attachment. XXX

Sec. 14. Return of writ of execution.
The writ of execution shall be returnable to the court issuing it immediately after the judgment has been satisfied in part or in full. If the judgment cannot be satisfied in full within thirty (30) days after his receipt of the writ, the officer shall report to the court and state the reason therefor. Such writ shall continue in effect during the period within which the judgment may be enforced by motion. The officer shall make a report to the court every thirty (30) days on the proceedings taken thereon until the judgment is satisfied in full, or its effectivity expires. The returns or periodic reports shall set forth the whole of the proceedings taken, and shall be filed with the court and copies thereof promptly furnished the parties.