Practice question
A prior decision remains subject to a timely pending appeal and no relevant finality exception exists. It is invoked as an already final preclusion bar solely because execution pending appeal was allowed. Which is sound?
- A bond alone decides the appeal
- Early execution necessarily ends every appeal
- Every executable order is final for preclusion
- The creditor may declare finality
- Execution pending appeal does not itself supply finality for the claimed bar
Legal references
- Rule39 Sections16,26,47–48: https://lawphil.net/courts/rules/rc_1-71_civil.html
- Heirs of Solano v. Dy, GR228490 and228645, February12,2024, MAIN ruling on substantial identity, privity and issue preclusion: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/69722
Answer this question in flashcards to review your response and continue practicing.