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Question

The given Subject: Execution, Satisfaction, and Effects of Judgments (Rule 39)

Examine the following scenarios involving the examination of the judgment obligor as provided in Sections 36-37 of Rule 39:

1. Mr. Santos was the judgment obligor in a civil case. The judgment creditor, Ms. Gomez, wants to examine Mr. Santos regarding his property and financial status to determine whether he has sufficient assets to satisfy the judgment. Can Ms. Gomez request the court to order the examination of Mr. Santos? What are the requirements and procedures for such an examination, as provided in Section 36 of Rule 39?
2. In a criminal case, Mr. Cruz was found guilty and a judgment was rendered against him. The court ordered the examination of Mr. Cruz to determine his ability to pay the fine imposed. During the examination, Mr. Cruz refused to answer questions on the ground that they may incriminate him in other criminal offenses. Is Mr. Cruz's refusal valid? What are the limitations on the examination of a judgment obligor as stated in Section 37 of Rule 39?
3. Ms. Reyes obtained a judgment against Mr. Garcia for the payment of a specific sum of money. The court issued a writ of execution, but the sheriff was unable to locate sufficient property of Mr. Garcia to satisfy the judgment. Can Ms. Reyes still explore other means to enforce the judgment? If so, what are her options under Section 37 of Rule 39?

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Answer