Philippine Bar review · Question

Practice question: Bar by Prior Judgment

Multiple Choice Medium Jurisprudence

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?
  1. A bond alone decides the appeal
  2. Early execution necessarily ends every appeal
  3. Every executable order is final for preclusion
  4. The creditor may declare finality
  5. 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

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